BIJU, S/O. CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C.No.93/2001 on the file of the Chief Judicial Magistrate, Alappuzha. The Sub Inspector of Police, Alappuzha North Police Station in Crime No.350/2001 prosecuted the revision petitioner accusing offences under Sections 279, 337, 338 and 304 A of the Indian Penal Code, 1860 (IPC).

(2.) THE brief allegation against the revision petitioner is that at 11.30 P.M., on 30/6/2001, he drove a Van bearing Reg.No.KL-8-J-3853 through National Highway, Alappuzha -Ernakulam stretch, from south to north in a rash an negligent manner so as to endanger human life and rammed on a handcart carrying a country boat and pulled by PWs 2 to 6 and one Antony in the same direction. As a result, PWs 2 to 6 and Antony sustained injuries. While undergoing treatment Antony succumbed to the injuries. On the basis of Exhibit P1 First Information Statement given by PW1, an eyewitness, case was registered by PW14, the Sub Inspector of Police, for which Exhibit P5 First Information Report was prepared. He took over the investigation and after completing the investigation, submitted the charge sheet.

(3.) AGGRIEVED by the above conviction and sentence, he preferred Crl. Appeal No.702/2005 before the Sessions Judge, Alappuzha. The Additional Sessions Judge (Adhoc-I), Alappuzha to whom the appeal was made over, by the impugned Crl.R.P.NO. 608 OF 2007 4 judgment dated 25/7/2006, while confirming the conviction and sentence, dismissed the appeal. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition is preferred.