JAYAMOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner was convicted by the Chief judicial Magistrate, Trivandrum in C. C. No. 23 of 1978 for offences under S. 279 and 304-A IPC. and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 500/-and in default to undergo simple imprisonment for three months. No separate sentence was awarded under S. 279 IPC. Criminal Appeal No. 155 of 1978 filed by him before the Sessions Court, Trivandrum, was unsuccessful. Hence the revision.

(2.) THE Circle Inspector of Police, City Traffic Station, trivandrum, laid charge against the revision petitioner for the aforesaid offences on the allegation that on 19 10 1977 at about 5. 45 a. m. he drove Lorry kle. 3828 along the public road leading from Kuriyathi to Manakkad in such a rash and negligent way as to endanger human life and hit a lady by name Retnamma as a result of which she was knocked down and the front left tyre of the lorry ran over her crushing her skull. THE Lorry was stopped and the revision petitioner as well as two others, viz. , pws. II and 12, who were sitting in the cabin of the vehicle ran away. Retnamma's son, pw. 1 and cousin pw. 5 rushed to the scene. On a request made, the police van was sent from the City Traffic police Station. Retnamma was removed to the Medical College Hospital, trivandrum where the Doctor in the Casuality examined her at 6. 45 a. m and she was found to be dead. He sent Ext. P6 intimation to the Medical College Police station. At 8 a. m. pw. 1 went to the Fort Police Station within whose jurisdiction the occurrence had taken place and gave Ext. P1 information on the basis of which the Sub-Inspector of Police registered a case as Crime No. 350 of 1977 against the driver of the lorry under Ext. P12 FIR. for offences under s. 279 and 304-A IPC. At 8. 15 a. m. pw 5 went to the Medical College Police station and gave the information on the basis of which the Head Constable attached to that police station, pw. 10, registered a case as Crime No. 845 of 1977 under Ext. P6 FIR. Both the cases were transferred to the City Traffic police Station where Crime No. 350 of 1977 was reregistered as Crime No. 385 of 1977. THE case registered in the Medical College Police Station was dropped. pw. 15 took up the investigation. He held inquest over the dead body, questioned pws. 2 to 4 and others during the inquest and. prepared Ext. P13 inquest report. On the same day he prepared Ext. P2 scene mahazar and also inspected the lorry which was still near the scene of occurrence. THE lorry had no fitness certificate. THE driver had no licence. Ext. P14 is the inspection report prepared by Joint RTO. Postmortem was conducted by the Doctor, pw 7. THE revision petitioner surrendered on 24101977 and he was arrested and released on bail. THE lorry was released on the request of the owner, pw. 13 on the bond executed by pw. 14. A plan was got prepared from the Village Officer. THE witnesses were questioned and after completing the investigation the charge was laid. THE revision petitioner pleaded not guilty. THE prosecution examined 15 witnesses and relied on Exts. P1 to P15 and M. Os 1 to 3. THE defence examined one witness. THE learned trial Magistrate upheld the prosecution case and the same was accepted by the learned Appellate Judge.

(3.) RETNAMMA, who was a nearby resident, had gone out with m. 0. 1 vessel to bring some milk. She was waiting near the water tap at the scene evidently to wash the vessel. The road lies east to west. The tarred portion of the road has a width of 5. 39 metres. It has foot-path on either side. The evidence is that deceased RETNAMMA was standing in the tarred road about half a metre or so north of the southern edge of the tarred road. pw 2, who had slept in his shop was waiting near the water tap for washing his hands and feet. pw. 3 was answering the call of nature about 10 ft. away from the water tap. He also sleeps in his father's hotel. pw. 4 was also waiting near the water tap for washing his hands and feet. These witnesses have deposed that the lorry came from east to west at an excessive speed without sounding horn and without head lights and struck RETNAMMA and she fell down and the front left wheel of the lorry over-run her. The two courts below have accepted their evidence and I do not find any warrant to interfere with the same.