P K SCARIAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C. 145/89 challenges the conviction entered by the judicial First Class Magistrate Court, Vaikom for offence under Sec. 279 and 304 A of the Indian Penal Code, as confirmed by the court of Session, Kottayam in Crl. A. 45/91 and the sentence of R.I. for three months for the offence under Sec. 279 of the I.P.C. and R.I. for one year for the other offence.

(2.) The prosecution case was that the accused drove his car bearing Registration No. KL 5 4206 from South to North along the Vaikom-Ernakulam public road on 19-10-1988 and at about 8.15a.m. it hit against the back of a bicycle in which one Narayana Pillai was proceeding in the same direction. Though the said cyclist was rushed to the Medical College Hospital, Kottayam on the same day at about 9.45 a.m., he succumbed to the injuries at about 6. 30 p.m. on the same day.

(3.) Sri T.R. Raman Pillai who appeared for the appellant submitted that the conviction as such is not challenged at this stage and that taking into account the peculiar circumstances of this case a prison term might be avoided and some other punishment allowable under law might be substituted.