KURIAN @ BOBAN, S/O. CHACKO, THAZHATHU VALLIYANIYIL, MADAPPALLY KARA MADAPPALLY VILLAGE Vs. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) THE petitioner herein was concurrently held guilty of the offences under sections 304A, 279 and 337 of IPC and also under section 134(a)(b) r/w 187 of M.V. Act. He was sentenced to undergo rigorous imprisonment for one year for the offence under section 304A of IPC. For other offences he was sentenced to pay fine.

(2.) THE incident took place on 29.5.1994 at about 6.45 pm. The tempo van which was alleged to have been driven by the petitioner was proceeding from east to west while the motor cycle ridden by the deceased with his sister as pillion rider was proceeding from west to east. It is alleged that when it reached the place of incident, the right front side of the tempo van hit the right front portion including the handle of the motor cycle. As a result of the impact, the motor cycle fell on the metal heaped up at the side of the road and the rider of the motor cycle succumbed to injuries sustained in the accident.

(3.) PWS 1 to 12 were examined and Exhibits P1 to P16 were marked. M.O.1, broken pieces of the indicator was also identified and marked. The learned Magistrate accepted the prosecution version and found the petitioner guilty and convicted and sentenced as mentioned above.