PRADEEP NANDRAJOG,J. - (1.) The petitioner has been convicted for the offences punishable under Section 279, 337 and 304A IPC. For the former two he has been sentenced to undergo R.I. for six months each and for the third R.I. for a period of two years.
(2.) As per the owner of the truck who appeared as PW-5 he has stated that the petitioner was one of the driver whom he used to engage to drive the truck. With respect to Exhibit-P8 the notice under the Motor Vehicles Act he admitted that at the time when the accident took place the truck was entrusted to the petitioner. Two injured eye-witnesses who have appeared as PW-1 and PW-2 have also identified the petitioner as the driver of the truck.
(3.) Date was 06.06.1987. The petitioner was driving the truck in which PW-1 and PW-2 were passengers. Nemi Chand was another passenger. As the truck crossed the bridge over Lani river, it went out of control. Veering to the wrong side of the road the truck overturned and as a result Nemi Chand died. PW-1 and PW-2 suffered injuries.;