JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No.1115/2001 on the file of the Judicial First Class Magistrate II, Thrissur in which he stood accused of having committed offences punishable under Sections 279 , 338 and 304(A) of the Indian Penal Code.

(2.) By judgment dated 04.06.2004, the learned Judicial First Class Magistrate-II, Thrissur convicted and sentenced the accused to undergo simple imprisonment for a period of one year for the offence punishable under Section 304(A) of the Indian Penal Code and to undergo simple imprisonment for a period of three months each for the offences punishable under Sections 279 and 338 of IPC. The above sentences were ordered to run concurrently. Consequent to the conviction and sentence, the learned magistrate disqualified the accused from driving all categories of motor vehicles for a period of two years as per Section 20 of the Motor Vehicles Act. Challenging the conviction and sentence, the accused preferred Crl.Appeal No. 339/2004 before the Sessions Court, Thrissur. The III Additional Sessions Judge (Adhoc) Fast Track Court-1, Thrissur dismissed the appeal by judgment dated 30.05.2006 confirming the conviction and sentence imposed by the trial court . Feeling aggrieved, the accused is before this Court in revision.

(3.) The prosecution case, in brief, is as hereunder:-