GURUDETH S O MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) We are satisfied that the High court had no jurisdiction while acquitting the appellant of the offences under S. 304-A and 279 of the Indian Penal Code, 1860 in directing that his conviction and sentence under S. 89 (a) and (b) of the Motor Vehicles Act, 1939 shall bemaintained. We fail to appreciate the legality and propriety of such a direction. The High court completely overlooked that there was an order of acquittal rendered by the Additional Judicial 1st Class magistrate II Trivandrum by his judgment dated 7/12/1983 holding that the offence under S. 89 (a) and (b) was not made out against the appellant. There was no appeal against acquittal preferred by the State government. In view of this, the High court had no jurisdiction and power to direct the conviction of the appellant under Section 89 (a) and (b) of the Act.

(3.) Accordingly, the appeal is allowed. The judgment of the High court insofar as it directs that the conviction and sentence passed on the appellant under S. 89 (a) and (b) of the Motor Vehicles Act, 1939 are set aside.