ABRAHAM DAVEED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision Petitioner was convicted by the Sub -Divisional Judicial Magistrate, Neyyattinkara in C.C. No. 36 of 1978 for offence under Sections 279, 337 and 304 -A, I.P.C. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ - and in default to undergo rigorous imprisonment for 3 months under Section 304 -A, I.P.C. No separate sentence was awarded for the other offences. His licence was also cancelled for one year. In Criminal Appeal No. 128 of 1978 filed by him, the II Addl. Sessions Judge, Trivandrum confirmed the sentence, but reduced the substantive sentence to rigorous imprisonment for three months.

(2.) ON 28.10.1977 the now deceased Thankamony, a girl aged 16 years and P.Ws. 1 to 3 and 11 and others travelled in a K.S.R.T.C. bus No. KLT 6754 (for short K.S.R.T.C. bus), driven by P.W. 9. The bus was proceeding from Trivandrum to Neyyattinkara along the highway lying west to east. The bus reached a place called Vedivanchancoil and stopped on the extreme left side of the road at the bus -stop. Thankamony and P.W. 11 alighted from the bus. Thankamony walked a few steps westwards on the northern side of the road. Just then another bus TNK 1487 of the Kattabemban Transport Corporation (for short K.T.C. bus) came from west to east along the northern side of the road, that is on the left side, driven rashly, negligently and at an excessive speed by the revision Petitioner and conducted by D.W. 1, struck Thankamony and hit against the backside of the K.S.R.T.C. bus. Thankamony was injured and thrown off. She was removed to the Medical College Hospital, Trivandrum, where she died the same day. The doctor, P.W. 12 sent an intimation Ext. P. 7 to the Medical College Police Station. P.Ws. 1 to 3 were also injured by the impact and were treated by P.W. 7 at the Neyyattinkara Government Hospital. On account of the impact the hind portion of the K.S.R.T.C. bus and the front portion of the K.T.C. bus sustained damages. P.W. 4, residing nearby, heard about the occurrence, went to the scene and from there to the hospital and saw the dead body of Thankamony. He immediately went to the Balaramapuram Police Station and gave Ext. P. 1 statement, on the basis of which the Sub -Inspector of Police, P.W. 17, registered a case as crime No. 152/77 against the accused. The two buses were got examined by the Motor Vehicles Inspector, P.W. 13. The Circle Inspector of Police, P.W. 18, held inquest over the dead body and prepared Ext. P. 12 report. Post mortem was conducted by P.W. 8. P.W. 18 prepared scene mahazar Ext. P. 2, seized M.Os. 1 and 2, questioned witnesses and after completing investigation, laid the charge.

(3.) THE revision Petitioner contended before the learned Magistrate that before reaching the scene, he had stopped the bus at several bus stops, that when he neared the scene of occurrence he heard the stop whistle blown by D. W. 1 and applied brakes and found the brakes had failed and immediately shouted that there was a failure of brakes and thereafter could not control the vehicle.