ABDUL ANSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The question which arises in this appeal is whether the conviction of the appellant for the offence punishable under Sec. 308 of the Indian Penal Code (IPC) can be sustained.

(3.) The present appellant is accused No. 2. The accused no.1 was the driver of a stage carriage bus. The appellant- accused No.2 was the conductor, and accused No. 3 was the cleaner. PW­1 Josia (injured) was at the relevant time studying in 8th standard. She along with her younger sister Jovan, PW­7, were waiting at the Karithambu bus stop for boarding a bus for going to their school. According to the prosecution case, after the bus reached the said bus stop, PW­7 Jovan boarded the bus followed by two other girls. There was a rush for boarding the bus. When PW­1 Josia tried to board the bus by putting her one leg on the footboard of the bus, accused no.3 pushed her down with his hands while he was standing on the footboard of the bus. The girl fell down on the road and came under the left rear wheel of the bus. She sustained serious injuries including fracture of pelvis. The allegation against the appellant was that without waiting for the PW­1 to board the bus, he rang the bell as a result of which accused No.1 started the bus. The prosecution applied offences punishable under Ss. 279 and 308 read with Sec. 34 of IPC. Apart from PW­1 and PW­7, PW­2 Sister Elsamma, a teacher was an important witness. She was a teacher working in the same school where PW­1 and PW­7 were studying. She was standing at the same bus stop when the incident occurred and therefore, she is an eyewitness to the incident.