RAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in C.C.No.419 of 2005 on the file of the court of the Judicial First Class Magistrate-I, Kottarakkara for the offences punishable under Sections 279 and 304A of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 134(a) of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'M.V.Act').

(2.) The learned trial Magistrate found the accused guilty of the offences alleged and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.750/- for the offence under Section 279 of IPC and in default of payment of fine, the accused was sentenced to undergo simple imprisonment for 20 days. For the offence under Section 304 of the IPC, the accused was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for one month. The accused was further convicted and sentenced to pay a fine of Rs.100/- under Section 134(a) of M.V. Act. The above sentences were directed to run concurrently.

(3.) Aggrieved by the order of conviction and sentence passed by the learned Magistrate, the revision petitioner filed Crl.A.No.411 of 2009 before the Court of Session, Kollam. The said appeal was made over to the IIIrd Additional Sessions Court, Kollam for hearing and disposal. By judgment dated 19.11.2011, the learned Additional Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the trial court. Aggrieved by the conviction and sentence, the revision petitioner preferred this revision petition.