GIRISH, S/O. RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Circle Inspector of Police, Nadapuram Police Station, in Crime No.45/1996, filed a final report against the revision petitioner accusing offences under Sections 279 and 304A IPC, alleging that at 6.p.m., on 8.3.1996, the revision petitioner drove an ambassador car bearing Reg. No.TN 37-A/7893 along Kozhikode-Kannur National Highway in a rash and negligent manner so as to endanger human life and near Kannookkara market the car knocked down late Narayana Kurup, a retired Sub Inspector, who was walking along the western side of the road from south to north and as a result Narayana Kurup sustained severe injuries to which he succumbed on the way to the Medical College Hospital, Kozhikode.

(2.) ON the basis of Ext.P1 First Information Statement given by PW1, an onlooker, PW10, the Sub Inspector of Police, registered a case for which Ext.P5 First Information Report was prepared. The investigation was taken over by then Circle Inspector of Police, Nadapuram, who was examined as PW14. PW14 was succeeded by PW15, who completed the investigation and submitted the charge sheet.

(3.) I have heard Sri.Gracious Kuriakose, the learned senior counsel appearing for the revision petitioner and Ms.Madhu Ben, the learned Government Pleader. The learned senior counsel for the revision petitioner took me through the relevant evidence as well as the relevant portions of the judgments of the courts below.