ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Circle Inspector of Police, Wadakkancherry, prosecuted the revision petitioner before the Judicial Magistrate of the 1st Class, Wadakkancherry, in C.C.No.510 of 1996 accusing offences under Sections 279 and 304A IPC with an allegation that at 4. p.m., on 1.11.1995, the revision petitioner drove a tempo van bearing Reg. No.KL9C/296 in a rash and negligent manner so as to endanger human life along Shornur- Thrissur public road from north to south and knocked down late Pravitha, aged 11 years who was walking along the eastern side of the road. As a result, Pravitha sustained severe injuries to which she succumbed at 7.35 p.m. while undergoing treatment at West Fort Hospital, Thrissur.

(2.) THE revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, PWs 1 to 8 were examined. Exts.P1 to P5 were marked. After closing the evidence for the prosecution, the revision petitioner was questioned under Section 313 of the Code of Criminal Procedure. He denied the incriminating evidence. No defence evidence was let in. The learned Magistrate, on appraisal of the evidence, arrived at a finding of guilty. Consequently, he was convicted and sentenced to undergo rigorous imprisonment for three months and a fine of Rs.1,000.00 under Section 279 IPC and rigorous imprisonment for a period of one year under Section 304A IPC .

(3.) I have heard either side. Perused the judgments impugned as well as the evidence on record.