SAMUEL Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No. 222 of 1999 on the file of the Chief Judicial Magistrate Court, Pathanamthitta for the offences punishable under Sections 279 , 337 , 338 and 304(A) of the Indian Penal Code (hereinafter referred to as, " IPC "). By judgment dated 17.12.2001, the learned magistrate convicted and sentenced the accused to undergo rigorous imprisonment for one year and a fine of Rs.20,000/- and in default of payment of fine to undergo simple imprisonment for two months under Section 304(A) of the IPC; to undergo rigorous imprisonment for three months and a fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for five days under Section 338 of the IPC; to undergo rigorous imprisonment for one month and a fine of Rs.500/- and in default of payment of fine to undergo simple imprisonment for five days under Section 337 of the IPC; to pay a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for five days under Section 279 of the IPC; and to pay a fine of Rs.50/- for the offence punishable under Section 134(a) of the Motor Vehicles Act (hereinafter referred to as, " MV Act "). The above sentences were ordered to run concurrently.

(2.) Challenging the conviction and sentence, the accused preferred Crl.Appeal No.12 of 2002 before the Sessions Court, Pathanamthitta. The learned Additional Sessions (Adhoc) Court-I, Pathanamthitta, to whom the appeal was made over for hearing, dismissed the appeal confirming the conviction and sentence awarded by the trial court. Feeling aggrieved, the accused is before this Court in revision.

(3.) The prosecution case, in brief, is that on 07.10.1998 at 8.30 am, while the accused was driving a stage carriage bearing Reg.No.KL-3/A 3519 from Ranni to Thiruvalla in a rash and negligent manner, the bus rammed into a road side electric post at Muthupala in Puramattom Village, Kozhencherry Taluk. On account of the hit, the left rear door of the bus was opened and three passengers were thrown out from the bus into a neighbouring residential garden, whereby they had sustained simple and grievous hurt. Immediately after the accident, the accused failed to give necessary medical aid to the injured. Although people assembled at the scene of occurrence took the injured to the hospital, one among them had succumbed to the injuries.