JUDGMENT :

G.K. Misra, C.J. - The Petitioner has been convicted under Sections 304-A, 337, Indian Penal Code and 118A of the Motor Vehicles Act, 1939 and sentenced to R.I. for one year, 6 months and to pay a fine of Rs. 500/- in default to R.I. for 3 months, respectively. The sentences of imprisonment are to run concurrently.

2. Prosecution case is as follows. On 6.1.1970 the Petitioner was driving a taxi No. O.R.O. 208 on the Sundargarh. Rourkela road. The taxi ran against a boy who died as a result of the injuries caused on him. The taxi did not stop but travelled a distance of about 50 feet after the child was crushed and fell into a ditch on the left side of the road. Twelve occupants inside the taxi got injured when the taxi fell into the ditch.

The defence was that the taxi was not being drived in a rash and negligent manner. The boy died as a result of the accident.

Both the Courts below accepted the prosecution story and held that the taxi was being driven in a rash and negligent manner.

3. The question for consideration is whether Petitioner was guilty of the various offences under which he has been convicted.

4. The entire prosecution story is unfurled through the evidence of p