CHANDRAN, S/O BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No. 431/2000 before the Judicial Magistrate of First Class, Thamarassery. He was prosecuted for offences punishable under Sections 279, 337 and 304A of the Indian Penal Code. The prosecution allegations as contained in paragraph 2 of the judgment of the Magistrate is as follows:

(2.) The prosecution examined PWs 1 to 14 and marked Exts.P1 to P9. The accused did not adduce any evidence. On the basis of the prosecution evidence, the Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of six months each under Sections 279 and 337 of the Indian Penal Code and simple imprisonment for one year under Section 304A of the Indian Penal Code. The petitioner challenged the same in Crl. A. No. 107/2003 before the Court of Sessions, Kozhikode Division. The Sessions Court dismissed the appeal. The petitioner is challenging the judgments of the courts below.

(3.) The contention raised by the petitioner is regarding the identity of the petitioner as the driver of the offending vehicle. One of the contentions raised is that although in the scene mahazar, it is stated that the trip sheet has been seized, it has not been proved in evidence.