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4. On assessment of evidence, trial Court found petitioner guilty of offence under Secs. 279 and 337, IPC, and Section 118-A of the Motor Vehicles Act, 1939. Convicting petitioner offences under the aforesaid section, learned Sub Judge sentenced him to undergo R. I. for one month for each offence and directed the sentences to run consecutively. In appeal, learned Sessions Judge maintained the conviction and sentences.

5. Mr. P. Roy, learned counsel for petitioner submitted that in view of discrepancy in respect of colour of car, prosecution case that accused caused the accident, ought to have been disbelieved. PW 2 the injured stated that a black car dashed against her. PW 4 an eye-witness stated that a black Ambassador car caused the accident. PWs 7 and 8 also stated the colour of car to be black. PW 11 stated that he got wireless message that white Ambassador car caused the accident and left the spot of accident. Submission of Mr. Roy would have substance if registration number would have also varied. Since registration number is the same, both Courts are correct that the car which was driven by accused caused the accident.

11. Coming to the question of sentence in this case, it is found from record that accused is driver of a Government truck. On direction of PW 13 his superior officer who has control over him, accused drove his private car which caused the accident. Although PW 13 states that in absence of a driver, superior officer can give direction to another to drive a vehicle, it cannot apply to driving of personal vehicles. That would amount to utilising Government servants for personal work. It is not known whether accused would be entitled to be compensated for his travel as a driver under the Orissa T. A. Rules. When PW 13 an officer much higher in rank escapes from his irregularities, I am not inclined to impose such punishment on accused which would affect his employment itself. Accordingly, I would modify the sentence and impose fine of Rs. 100/- for offence Under Section 279, IPC, while convicting him for offence under Secs. 279 and 337 IPC, and impose fine of Rs. 100/- for offence Under Section 118-A of the Motor Vehicles Act, 1939, in the peculiar circumstances of the case. In default of payment of fine, petitioner shall undergo simple imprisonment for seven days en each count.