B. K. PATRA, J.

( 1 ) THE petitioner, a motor driver, was prosecuted in the court of the Magistrate 1st class, Nawarangpur on a charge under Section 304-A I. P. C. and was convicted and sentenced to undergo R. I. for a period of 2 months and to pay a fine of Rs. 100 and in default to undergo R. I. for a further period of 15 days. His appeal was dismissed by the Sessions Judge, Jeypore.

( 2 ) THE facts which are no more in dispute are that in the evening of 16-3-64 the appellant was driving an ambulance van bearing No. ORK 870 and was proceeding from Umarkote towards Jhorigam. The road is 24 ft wide of which the morrumed portion is 12 ft. at the centre. At a place near the village Mendhabeda. 3 women labourers were found proceeding on the right side of the road. On hearing the sound of the approaching vehicle, two of them crossed the road and went to its left side. Immediately after, the 3rd woman, Guni Malliani turned to cross the road to its left side and seeing this the petitioner turned the vehicle to further left of the road obviously with a view to prevent it from running over the woman. But unfortunately. Guni Malliani dashed against the mud-guard of the vehicle, fell down