NEJUMUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No.60 of 1998 on the file of the Chief Judicial Magistrate Court, Pathanamthitta and the appellant in Crl.A.No.92 of 2000 on the file of the Additional Sessions Court (Adhoc I), Pathanamthitta. The offences alleged against the accused are punishable under Sections 279 , 337 and 304A of the IPC.

(2.) The prosecution case in brief is that on 12.03.1997 at 5.45 p.m., the accused drove the Jeep bearing registration NO.KL-7H-9927 in a rash and negligent manner through the Kannamkara-Kallarakadavu road from north to south and when it reached on the northern portion of the road, which leads to Valamchuzhy towards east, it hit on one Abdul Kareem and as a result of the hit, Abdul Kareem fell to the ground and thereupon the Jeep ran over his body and he sustained grievous injuries. Later, at 6.20 p.m, the aforesaid Abdul Kareem succumbed to the injuries while he was undergoing treatment at the General Hospital, Pathanamthitta.

(3.) During the trial of the case, PWs 1 to 10 were examined and marked Exts.P1 to P7 on the prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. However, he did not adduce any evidence.