MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in CC.No.156/1994 on the file of the Judicial First Class Magistrate Court-V, Kozhikode and the appellant in Crl.Appeal No.580/2001 on the file of the second Additional Sessions Court, Kozhikode. The offences alleged against the accused are punishable under Sections 279, 337, 338 and 304A of the IPC.

(2.) The prosecution case in brief is that on 19.1.1993 at about 3 pm., the revision petitioner drove a stage carriage bus bearing registration No.KLM-7408 in a rash and negligent manner through the Ramanattukara National High Way and when it reached in front of the Poovannur mosque at Velipram, the driver took it to the wrong side of the road and the bus hit against a mini bus bearing registration No.KL- 11/7711 and due to the impact of the accident, the passengers of both vehicles sustained simple and grievous injuries and the driver of the mini bus and one of the passengers therein succumbed to the injuries.

(3.) When the accused entered appearance before the trial court, he was furnished with copies of the police report and other documents. Upon pleading not guilty to the charge, the entire evidence was taken. By judgment dated 29.4.95, the accused was convicted and sentenced to undergo imprisonment for various counts stated supra. The accused preferred Crl.Appeal No.161/1995 before the Court of Session, Kozhikode. The appeal was allowed and consequently the conviction and sentence passed by the trial court was set aside and the case was remanded back for fresh disposal in accordance with the law. As directed by the Sessions Court, the prosecution examined PW15 and marked Exts.P29 and P30. Further, PWs.1, 2, 5 and 11 were recalled for cross-examination and they were cross-examined. After their examination, the learned counsel for the accused filed a witness list to examine witnesses on his side. It was allowed and summons was ordered. However, no batta was deposited by the accused and hence the defence evidence was closed.