AJEESH S.NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in C.C.No.26/1999 on the file of the Judicial First Class Magistrate Court-I, Neyyattinkara and the appellant in Crl.Appeal No.150/05 on the file of the Additional Sessions Court, Fast Track (Ad hoc) No.IV, Thiruvananthapuram. The offences alleged against the accused are under Sections 279 , 337 , 338 and 304A of the Indian Penal Code (hereinafter referred to as 'the IPC ').

(2.) By judgment dated 7.2.2005, the learned Magistrate convicted the accused for the offences under Sections 279 , 337 , 338 and 304A of the IPC and sentenced him to undergo imprisonment for various counts including rigorous imprisonment for one year and also to pay a fine of Rs.5,000/-, in default of payment of fine to undergo simple imprisonment for a period of three months more. The accused preferred Crl.Appeal No.150/05 before the Additional Sessions Court, Fast Track (Ad hoc) No.IV, Thiruvananthapuram. The appeal was dismissed by judgment dated 6.9.2007 confirming the conviction and sentence imposed by the trial court.

(3.) The facts in brief is that on 1.7.1998 at about 10.15 am. the accused drove mini lorry bearing registration No.KL-01.F.1872 loaded with milk cans in a rash and negligent manner so as to endanger human life through Punnamoodu-Kalliyoor Road and while so the vehicle hit on a bicycle and then knocked down 5 pedestrians who were walking along the southern side of the road towards west and then the vehicle rammed into a grocery shop on the southern side of the road conducted by PW1 at Minnamcode. In the aforesaid accident 4 of the pedestrians and the mother of PW1 who was inside the shop room died and the remaining pedestrians sustained fatal injuries and thereby the accused committed the offences punishable under Sections 279 , 337 , 338 and 304A of the IPC.