VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER challenges the concurrent verdict of conviction passed against him for offences punishable under Secs.304A and 279 of IPC. He was sentenced to undergo S.I for four months for the offence under Sec.304A and a fine of Rs.1,000.00 for the offence under Sec.338 of IPC. He was also sentenced to pay a fine of Rs.1,000.00 for the offence under Sec.279 of IPC. In appeal, the conviction and sentence passed against him for offence under Sec.338 of IPC was set aside but maintained the conviction and sentence passed in respect of other offences mentioned above.

(2.) THE incident took place on 07.09.1998 at about 8.45 AM on the MC Road somewhere in front of Dhanalaxmi Bank, near KSRTC bus stand, Thiruvalla. PW3 and her husband reached there in a bus. They were waiting on the western side of the road in order to cross to the other side of the road and then the jeep driven by the petitioner came from the south and knocked down Mathew, the husband of PW3 and as a result of the fatal injuries, he died and as such, according to the prosecution, the petitioner is guilty of the offences as mentioned above.

(3.) THE court below accepted the case of the prosecution and found the petitioner guilty. The appellate court confirmed the conviction under Sec.279 and 304A of IPC. It is challenging that the concurrent conviction, this revision petition is filed.