SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is directed against the judgment rendered by the Sessions Court, Pathanamthitta in Crl.A.No.187/2003 upholding the verdict of the Chief Judicial Magistrate, Pathanamthitta in C.C.No.165/2001, convicting and sentencing the petitioner for the commission of the offence under Ss. 279 and 304A I.P.C.

(2.) The petitioner, a driver of a private bus, is alleged to have driven the bus by name 'Thirumeni' through the road near Pathanamthitta traffic island at about 9:30 a.m. on 12/4/2001 in a rash and negligent manner likely to endanger human life and caused the death of a person by name Karunakaran by dashing the bus against him from behind while he was walking by the side of the tarred road.

(3.) On the basis of the final report filed by the Circle Inspector of Police, Pathanamthitta, the learned Chief Judicial Magistrate, Pathanamthitta took cognizance of the offence and issued summons to the petitioner who appeared before the learned Magistrate and pleaded not guilty. After the conclusion of the trial, with the examination of 10 prosecution witnesses as PW1 to PW10 and marking 13 documents as Exhibits P1 to P13 and identifying one set of material objects as MO1 series, the learned Chief Judicial Magistrate found the petitioner guilty of Sec. 304A I.P.C and Sec. 279 I.P.C and convicted him thereunder. A sentence of simple imprisonment for one year under Sec. 304A I.P.C, and simple imprisonment for six months under Sec. 279 I.P.C were imposed with the direction that the tenure of the above sentences shall run concurrently. Though the petitioner preferred appeal before the learned Sessions Judge, Pathanamthitta, the appellate court, as per the impugned judgment dtd. 18/1/2006 in Crl.A.No.187/2003, declined to interfere, and upheld the conviction and sentence imposed by the learned Magistrate.