ABDUL KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C. No.21 of 2011 on the files of the Special Court for the Trial of Offences Against Women and Children, Thalassery has come up in this appeal challenging his conviction and sentence in the said case.

(2.) The indictment against the accused is that on 04.12.2008, at about 16.15 hours, the accused who was driving a goods van through the wrong side of the State Highway leading to Iritty from Irikkur at a frightful speed has knocked down 21 school children from behind and thereby caused the death of 10 children and injured 11 children and thus committed culpable homicide not amounting to murder punishable under Section 304 of the Indian Indian Penal Code (the IPC ).

(3.) On the accused pleading not guilty of the charge levelled against him, the prosecution examined 49 witnesses on its side as PWs.1 to 49 and proved through them as many as 49 documents as Exts.P1 to P49. Among the witnesses examined on the side of the prosecution, PWs.1 to 4 are persons who have been examined to prove the occurrence, PW34 is the Joint Regional Transport Officer concerned and PW47 is the investigating officer in the case. Among the documents proved, Ext.P4 is the scene mahazar. The accused was, thereupon, questioned by the court under Section 313 of the Code of Criminal Procedure (the Code) as regards the incriminating evidence brought out by the prosecution. The accused denied the same and maintained that he is innocent. Since the trial court did not find the case to be one fit for acquittal under Section 232 of the Code, the accused was called upon to enter on his defence. The accused did not, however, adduce any evidence.