BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the first accused in S.C.No.74/2000 on the files of the Additional Assistant Sessions Court, North Paravur, arising out of Crime No.649/96 of Aluva Police Station. He is alleged to have committed the offence punishable under Ss. 109 and 308 r/w Sec. 34 of the IPC.

(2.) According to the prosecution, accused, who were the driver and conductor of a stage carriage bearing No.KEF-9727, had, on 30/12/1996 abused PW1, an Advocate who complained about the matter to PW3-a police constable on duty. When PW3 stopped the bus, at the old private bus stand junction; the first accused, due to his enmity, hurtled the bus forward towards the police constable with the knowledge that such act would cause the death of PW3 and the 2nd accused prompted the first accused to do the act, and thereby both of them committed the offences alleged.

(3.) In order to prove the prosecution case, PW1 to PW16 were examined and marked Ext.P1 to Ext.P17. After analysing the prosecution evidence, the trial court, by judgment dtd. 11/4/2003, found the accused guilty of the offences alleged and sentenced them to undergo simple imprisonment for one year each under Sec. 109 and 308 r/w Sec. 34 of IPC. The first accused was disqualified from holding the licence for a period of one year, which was directed to be duly endorsed in the licence. An appeal was preferred by the first accused as Crl.Appeal No.412/2003 before the Additional Sessions Court, North Paravur. By judgment dtd. 5/8/2004, the learned Sessions Judge confirmed the conviction and sentence and dismissed the appeal. Hence, this revision petition.