K.P.SREEDHARAN Vs. STATE

JUDGEMENT

(1.) THE Sub Inspector of Police, Kannur Town Police Station, in Crime No.159/1991 filed a charge sheet against the revision petitioner before the Judicial Magistrate of First Class-I, Kannur accusing offences under Sections 279 and 338 IPC; and Section 134 (b) read with 187 of Motor Vehicles Act. The allegation in brief is that at 4.30 p.m on 9.3.1991, the revision petitioner drove an auto rickshaw bearing Reg.No. KRM 5303 along Pallikkunnu-Kunhipalli public road in a rash and negligent manner so as to endanger human life and as a result, near Manikkoth housing colony, the auto rickshaw capsized and two passengers inside the auto rickshaw sustained injuries. The injury sustained to one of the passengers was grevious. Revision petitioner did not care to report the incident before the police within 24 hours.

(2.) RESPONDING to the process, revision petitioner entered appearance and pleaded not guilty to the charge when particulars of the offence were read over and explained. Therefore, he was sent for trial. On the side of the prosecution, Pws 1 to 14 were examined. Exts.P1 to P8 were marked. Ext.D1, a portion of the CD statement of PW6 was also marked. After closing the evidence for the prosecution, revision petitioner was questioned under Section 313 of the Code of Criminal Procedure. He denied the incriminating evidence and further stated that while he giving side to a car, which was coming across, one of the wheels of the auto rickshaw fell into a pit and capsized. No defence evidence was let in. The learned Magistrate, on appraisal of the evidence, arrived at a finding of guilty. Consequently, the revision petitioner was convicted and sentenced to simple imprisonment for three months and six months respectively for offences under Sections 279 and 338 IPC; and a fine of Rs.350.00 was imposed for offence under Section 134(b) read with Section 187 of Motor Vehicles Act.

(3.) I have heard Sri.Robin Rodrigs, the learned counsel appearing for the petitioner, and Ms. Madhu Ben, the learned Government Pleader. Perused the judgments impugned.