BENNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner/accused was the appellant in Crl. Appeal No.368/2008 on the file of the Additional Sessions Judge (Adhoc II), Thodupuzha and the revision petitioner/accused in C.C No.56/2005 on the file of the Judicial First Class Magistrate Court, Adimaly. The offence alleged against the revision petitioner/accused is punishable under Sections 279 , 337 and 338 of Indian Penal Code (hereinafter referred to as 'the I.P.C ').

(2.) The prosecution case is that on 09.01.2005 at 1.45 p.m, the accused drove a stage carriage bus bearing registration No.KL-D 4815 in a rash and negligent manner so as to endanger the human life through 2 nd mile Anachal road and when it reached at Thattathimukku, it hit on the bike bearing registration No.KL-6/384 ridden by PW1 and thereby PW1 and PW4 sustained injuries and thereby the revision petitioner/accused committed the aforesaid offences.

(3.) During the trial, PWs 1 to 10 were examined and marked as Exts.P1 to P10 on prosecution side. On conclusion of trial, learned Magistrate convicted and sentenced the revision petitioner/accused to undergo simple imprisonment for one month and to pay a fine of Rs.1,000/- for the offence under Section 279 of the I.P.C and in default to undergo simple imprisonment of one month. The revision petitioner/accused was further sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.500/- in default of payment of fine to undergo simple imprisonment for one month for the offence punishable under Section 337 of the I.P.C. For the offence under Section 338 of the I.P.C, the revision petitioner/accused was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one month more. The above sentences were ordered to run concurrently.