JUDGMENT

A. Pasayat, J. - On the accusation of rash and negligent driving which resulted in the death of one Sambhu Naik (herein-after referred to as "the deceased") Badri Prasad Tiwari (hereinafter referred to as "the accused'') raced trial.

2. Accusations were in short, as follows: On 19.6.1988 at about 6.30 a.m. the deceased along with Jabir Lakra (P.W. 2) was returning from Rairakhol in a bullock-cart followed by Siril Oram (P.W. 1) and Laren Kulu (P.W. 4) in another bullock-cart. Near Tarbada crossing on Rairakhol-Naktideula road, a mini bus bearing. registration No. OAS 4651 belonging to Pradhan Transport which was being driven at a high speed in a rash and negligent manner by the accused came and dashed against the deceased and ran over him causing his instantaneous death. After a little while, the informant arrived at the spot and learnt about the accident from Jabir Lakra (P.W. 2). Immediately a written report was lodged with Rairakhol Police Station. Investigation was undertaken, and on completion thereof, charge sheet was submitted. The accused faced trial for having committed of offences punishable under sections 279 and 304A of the Indian Penal Code, 1860 (in short, "t