SARAVANANS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No.135 of 2003 on the file of the Chief Judicial Magistrate Court, Pathanamthitta and the appellant in Crl.Appeal No. 64 of 2006 on the file of the Additional Sessions Court (Adhoc) Fast Track Court-II, Pathanamthitta.

(2.) PW1 lodged Ext.P1 statement before PW11 and accordingly Ext.P1(a) FIR was registered pertaining to Crime No.186 of 2003 of the Pathanamthitta Police Station for the offences punishable under Section 279 and 304A of the Indian Penal Code. After conducting investigation, PW11 filed final report before the trial court alleging commission of offences punishable under Section 279 and 304A of the IPC.

(3.) The prosecution case in brief is that on 21.03.2003 at about 3.25 p.m., the accused, who was the driver of the Lorry bearing registration KA-01/AB 9732 drove the said Lorry in a rash and negligent manner so as to endanger human life along the Pathanamthitta-Kozhancherry public road from west to east and when the Lorry reached on the road at Pulimoodu junction in Elanthoor village, it hit against the body of a 10 year old girl, namely, Resma and as a result of the hit, Resma sustained severe injuries and she succumbed to the injuries later.