PRAMODAN Vs. STATEOF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC No.388/2006 on the file of the Judicial First Class Magistrate, Payyoli alleging commission of offences punishable under Sections 279 , 338 and 304(A) of the Indian Penal Code.

(2.) By judgment dated 12.03.2008, the learned Judicial First Class magistrate, Payyoli convicted and sentenced the accused to undergo simple imprisonment for a period of three months for the offence punishable under Section 279 of IPC, further to undergo simple imprisonment for a period of six months for the offence punishable under Section 338 of IPC and further to undergo simple imprisonment for a period of one year and also sentenced to pay a fine of Rs.1,000/-, in default of payment of fine to undergo simple imprisonment for a period of three months for the offence punishable under Section 304(A) of IPC. The above sentences were ordered to run concurrently. Feeling aggrieved, the accused preferred Crl.Appeal No.311/2008 before the Sessions Court, Kozhikode. By judgment dated 22.09.2009, the learned Additional Sessions Judge, Fast Track, (Adhoc-1), Kozhikode, to whom the case was made ever for hearing, dismissed the appeal confirming the conviction and sentence imposed by the trial court. Feeling aggrieved, the accused is before this Court in revision.

(3.) The prosecution case, in brief, is as hereunder:- On 18.03.2006 at 8 a.m, PW4 as pillion rider and his father, Narayanan Nair as rider were travelling in a motorcycle bearing registration No.KL 11 T 8700 from Kozhikode to Vadakara and when the motorcycle reached at Kalarippadi, the accused drove a tanker lorry bearing registration No. KL 3 E 450 coming in the opposite direction in a rash and negligent manner so as to endanger human life collided with the motorcycle and as a result of the collision, both PW4 and his father Narayanan Nair sustained grievous injuries. Immediately after the collision, both PW4 and his father were shifted to the Baby Memorial Hospital at Kozhikode. While undergoing treatment, PW4's father Narayana Nair succumbed to the injuries sustained to him.