M.T.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the trial court and the appellate court concurrently found that the revision petitioner/accused was guilty for the offences punishable under Sections 279 , 337 , 338 and 304A of the Indian Penal Code (hereinafter referred to as "the IPC "). Accordingly, the revision petitioner/accused was sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 304A of the IPC. No separate sentence was awarded for the offences punishable under Sections 279 , 337 and 338 of the Indian Penal Code. That apart, the accused was disqualified from holding a driving licence to drive any class of vehicle for a period of one year under Section 20 of the Motor Vehicles Act (hereinafter referred to as "the M.V.Act").

(2.) The prosecution case in brief is that on 10.4.1995, at about 2 P.M., the accused drove a stage carriage bus bearing registration No.KDE-6516 in a rash and negligent manner so as to endanger human life through Vadasserikkara - Kumplampoika public road and while so, the bus went to the wrong side and hit against the jeep No.KLB-7447 which was coming from the opposite direction and as a result of which the deceased Omana, PWs 2, 3 and three other passengers of the jeep had sustained injuries. Although they were taken to General Hospital, Pathanamthitta immediately for treatment, Omana succumbed to the injuries at about 3.00 P.M. Thus the accused is alleged to have committed the offences punishable under Sections 279 , 337 , 338 and 304A of the IPC.

(3.) During the trial of the case, PWs 1 to 14 were examined and marked Exhibits P1 to P13. On closing the evidence, the accused was questioned under Section 313(1) (b) of the Code of Criminal Procedure. No defence evidence was adduced by the accused.