MANADATH IBRAHIM ABDUL KHADER Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) THE second accused in C.C. 472/1994 in the Court of Judicial First Class Magistrate Court, Alathur is the revision petitioner and he challenges his conviction and sentence u/s 279, 337, 338 and 304 A of IPC in this revision petition.

(2.) THE prosecution case is that on 17.3.1994 at about 11.30 pm the vehicle bearing registration No.KRF 6188 driven by the revision petitioner who is accused No.2 hit behind the lorry bearing registration No.TDW 7857 which was driven by the first accused. Due to the sudden break of the lorry by the first accused and because of the negligence of the revision petitioner, one Dineshkumar, who was traveling in the jeep along with PWs 1 and 2 died in that accident. Other witnesses sustained injuries and thus the revision petitioner has committed the offences punishable u/s 279, 337, 338 and 304 (A) IPC.

(3.) I have heard both the learned counsel appearing for the revision petitioner and the learned Public Prosecutor.