THOMAS Vs. STATE

JUDGEMENT

(1.) THE convicted accused is the revision petitioner.He was the driver of a stage carriage bus belonging to the Ananthakrishna Motor Service bearing registration No.K.L.C.3335,which on 30th December 1968 at about 11 -30 a.m.while proceeding from east to west along the Peechi -Trichur road loaded with passen­gers dashed against a Fiat Car K.L.R.7158 which was proceeding ahead of it and by the force of the collision,one Narayanankutty Menon who was seated on the front seat of the car left to the driver,was thrown into the road and died instantaneously.A little child Rajeshkumar who was also seated on the front seat was thrown aside.Narayanankutty Menon's wife and others who were seated on the back seat were injured.Rajeshkumar succumbed to the injuries at the hospital on 1st January 1969,The other injured survived.

(2.) THE bus was loaded with Marxist Communists,who on their return from Ernakulam,where they had gone to attend a convention,went to Peechi to relax themselves and were returning from Peechi to Trichur in high spirits shouting slogans through mike attached to the bus.The occurrence took place at Ollukkara in front of the panchayat office.At that point a lorry K.L.D.3320 was stationed on the northern extremity of the road facing east.The car was driven by P.W.1.Seeing the bus,coming at high speed and trying to overtake the pleasure car,P.W.1 stretched his right hand through the window and gave the slow -down signal for the bus to slow down.But unmindful of the signal shown by him the bus came at dangerous speed and tried to overtake the car budging in along the space in between the lorry and the pleasure car and in so doing,it first collided with the stationed lorry and then took a turn towards the south and dashed against the pleasure car.By the force of the impact,the pleasure car turned a little to the right and then the bus hit against it a second time and by the force of the second hit the front left -door of the car gave way thro­wing out the two occupants of the front seat of the car.The car then turned turtle and fell into the ditch on the southern side,causing in­juries to the other occupants of the car.A little to the west of it the bus stopped.

(3.) I see no reason to interfere either with the conviction or the sentence passed against the accused.Regarding the manner in which the occurrence took place,we have the evidence of P.Ws.2 and 3,besides that of P.W.1 the driver of the car.P.W.3 was one of the persons seated on the back seat of the car.P.W.2 is an in­dependent witness,a person who was standing on the road side at the time of the collision.P.Ws.8 and 9 who were also cited to prove the occurrence turned hostile.On the side of the accused,D.W.1 who was one of the persons travelling in the bus was examined.He has supported the defence version of the occurrence;but the learned Magistrate for convincing and cogent reasons has disbelieved his testimony.First and foremost is that he is a Marxist Com­munist,who along with his compatriots were returning that day after attending their conven­tion at Ernakulam in a highly excited and ebullient mood.In addition,it has come in the evidence that he had special consideration for the accused as the latter was bailed out by him.The bus was also released by him on 'moonnam -sthanam ' ;.In the face of these proved circum­stances,no reliance can be placed on his testimony.