SIBI CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is a KSRTC bus driver who was convicted and sentenced by the Judicial First Class Magistrate-II, Hosdurg for the commission of offence under Ss. 279, 337, 338 and 304A I.P.C. The above conviction as well as the sentence of simple imprisonment for three months each under Ss. 279 I.P.C and 337 I.P.C and simple imprisonment for one year each under Ss. 338 and 304A I.P.C imposed by the learned Magistrate, was upheld by the Additional Sessions Judge (Adhoc) III, Kasaragod in Crl.A.No.431/2004.

(2.) The prosecution case is that on 3/6/2000 at about 8:15 a.m, the petitioner drove the KSRTC bus with Reg.No.KL-15/3147 in a rash and negligent manner likely to endanger human life, along Kasaragod-Kanhangad highway resulting in the said bus dashing into the car with Reg.No.KL-8/9329 driven by PW5 in the opposite direction leading to the death of the father of PW5 who was travelling in that car, and injuries to the other travellers including PW5.

(3.) In the trial before the learned Magistrate, 13 witnesses were examined from the part of the prosecution as PW1 to PW13 and 10 documents marked as Exts.P1 to P10. The petitioner did not prefer any defence evidence. After evaluating the evidence on record and hearing both sides, the learned Magistrate found the petitioner guilty of Ss. 279, 337, 338 and 304A I.P.C and convicted him thereunder. The petitioner was accordingly sentenced to simple imprisonment for three months each under Ss. 279 and 337 I.P.C, and simple imprisonment for one year each under Ss. 338 and 304A I.P.C with the direction that the tenure of the sentence shall run concurrently.