RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No. 891 of 2004 on the file of the Judicial First Class Magistrate Court, Chavakkad and the appellant in Crl. Appeal No.378 of 2008 on the file of the Additional Sessions Judge Fast Track Court-I, Thrissur. The offences alleged against the accused are under Sections 279 , 337 , 338 and 304A of the Indian Penal Code (hereinafter referred to as, " IPC "). By its judgment dated 29.04.2008, the learned magistrate convicted and sentenced the accused to undergo simple imprisonment for three months for the offence under Section 279 of the IPC, simple imprisonment for three months for the offence under Section 337 of the IPC, simple imprisonment for six months for the offence under Section 338 of the IPC and simple imprisonment for one year for the offence under Section 304A of the IPC. The above sentences were ordered to run concurrently. In appeal, the appellate court dismissed the appeal confirming the conviction and sentence imposed by the trial court. Feeling aggrieved, the revision petitioner is before this Court.

(2.) The prosecution case, in brief, is herein below; On 04.04.2004 at about 1.30 pm, the accused drove a pickup van bearing Reg.No.KL 8 Z 4744 through Thriprayar - Chettuva public road in a rash and negligent manner so as to endanger human life and while so, he lost his control over the vehicle and the same hit against an autorikshaw bearing Reg. No. KL 8 T 5349 driven by PW1, whereby PW1 and the passengers therein including a child aged 1 1/2 years, viz., Devika, D/o Smitha, sustained grievous injuries. Devika succumbed to her injuries later.

(3.) For the occurrence in question, PW1 lodged Ext.P1 First Information Statement before the police. Consequently, Ext.P7 FIR was registered for the offences punishable under Sections 279 , 337 , 338 and 304A of the IPC. After conducting investigation, final report was filed for the aforesaid offences before the trial court.