C.H.KESAVA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the concurrent finding of guilt, conviction and sentence passed against the revision petitioner.

(2.) Prosecution case is that on 09.03.2008 at about 03. 00 a.m at Puthige near a culvert at Muggu road accused drove KL-14-G-2076 motorcycle in a rash and negligent manner so as to endanger human life from Seethamgoli to Parale and hit at PW1 and his wife, the deceased from the back while they were returning after seeing the Mogera Thenolsavam, resulting in the death of wife of PW1 and sustaining grievous injuries to PW1.

(3.) After the incident, PW2-a neighbour gave Ext.P1-F.I.S and on the basis of the same, PW12 registered the crime and conducted the inquest on the body of the deceased and conducted the investigation. Thereafter, PW14 who was the Circle Inspector, Kumbala verified the investigation conducted by PW12 and filed the charge sheet against the accused. On the side of the prosecution, PW1 to PW14 were examined and Exts.P1 to P9 were marked. PW1 to PW3 were examined to prove the occurrence. PW4 and PW5 are the witnesses in Ext.P2 scene mahazar. PW6 and PW7 are the witnesses in Ext.P3 inquest of the deceased. PW8 is a witness who has given statement at the time of inquest and is a relative of the deceased. PW9 was also present at the time of inquest. PW10 is the doctor who conducted the autopsy on the body of the deceased and Ext.P4 is the post-mortem certificate. According to him, death of the deceased was due to thoraco abdominal injuries as a result of blunt force on trunk. PW11 is the Motor Vehicle Inspector, Kasaragod, who issued M.V.I. Report, Ext.P5. PW13 is the doctor who examined PW1 and noted big abrasions over both knee joints, multiple abrasion over both elbow, and loss of two incisor teeth (canine and premolar teeth), laceration of lower jaw and linear tear measuring 3x2 c.m size and multiple abrasion below lower lip and he opined that wound No.3 and 4 are grievous and other injuries are simple and the wound certificate is marked as Ext.P9.