ANTONY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal preferred under Section 374 of the Criminal Procedure Code, hereinafter referred to as the Cr.P.C., by the accused in SC No.409/2007 of the Additional Sessions Court (Ad hoc - II), Ernakulam. That case was originated on the final report laid by the Circle Inspector, Kunnathunadu in Crime 125/2006 of Thadiyittaparambu police station.

(2.) The summary of the prosecution allegation is that on 18.11.2006 at about 4.30 a.m., the accused/appellant drove a stage carriage with registration No.KL-2/U-2454, in a rash and negligent manner through Aluva Perumbavoor road, from east to west, due to the said act, near MES junction at South Vazhakkulam kara in Vazhakkulam village, the bus hit against a jeep, KL-I-8224, which proceeded in the opposite direction, and in the impact of the incident, four passengers travelled in the jeep died and other co-passengers sustained serious injuries. The crime was registered on the basis of the first information statement given by Suhara, one of the injured who was travelling in the jeep. On conclusion of investigation, the charge sheet was laid before the Judicial First Class Magistrate Court, Perumbavoor alleging offence punishable under Sections 304 and 308 IPC. The Magistrate who took cognizance of the offence, after completing the procedural formalities, committed the case to the Court of Session, from where it was made over to the trial court.

(3.) After hearing counsel on both sides and perusing the records, the learned Judge framed charge, read over and explained to the appellant, to which he pleaded not guilty. He is on bail. He was defended by a counsel of his choice.