CHACKO, S/O.UTHUPPU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was concurrently held guilty of the offences under sections 279 and 304 A of IPC. The petitioner was sentenced to undergo simple imprisonment for six months for the offence punishable under section 279 of IPC and to undergo simple imprisonment for one and half years for the offence punishable under section 304 A of IPC.

(2.) THE incident took place on 30.4.1997 at about 9.00 a.m. The petitioner was the driver of the K.S.R.T.C bus. It was proceeding from Edarikkode to Kozhikode, i.e., from east to west. The tar road at that place was having a width of 6.87 metres. A motor cycle, ridden by one of the deceased from west to east, was hit by the K.S.R.T.C. bus and as a result of the same the motor cyclist and pillion rider sustained fatal injuries to which they later succumbed. The prosecution contends that the bus was driven at a very high speed. The place of incident, as per the scene mahazar, was 3.32 metres to the south of the northern edge of the tar road. According to the prosecution the accident occurred solely due to the rash and negligent driving of the bus by the accused.

(3.) THE learned counsel for the revision petitioner submits that serious prejudice was caused to the defence due to the non-examination of the Investigating Officer. Though, it was stated that the Investigating Officer could not be found out to be examined, no other officer, who was competent to depose with regard to the investigation conducted by CW21, was examined. PW6- the witness examined to prove the scene mahazar did not fully support the prosecution as he only stated that he had signed the mahazar. He could not state anything about the facts noted in the mahazar. PW13 had conducted part of the investigation. He did not say anything about the scene mahazar. PW16, the other officer, who conducted the latter part of the investigation also did not say anything about the scene mahazar and as such there was practically no evidence worth convincing as to the exact place of incident, the learned counsel submits.