AMBUJAKSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is preferred challenging the order of conviction and sentence imposed in C.C.No.1385/1995 on the files of the Judicial First Class Magistrate Court, Mattannur, as modified in Crl.A.No.30/1998 on the files of the Additional Sessions Court- (Adhoc-I), Thalassery.

(2.) According to the prosecution, the accused had, on 22/10/1995 at about 4.45 p.m, drove the bus in a rash and negligent manner through the Iritty-Mattannur road and collided with a lorry coming from the opposite direction, due to which seven persons who were passengers in the bus sustained injuries and thus the accused committed the offences under Ss. 279 and 337 of the Indian Penal Code, 1860, apart from Sec. 134(b) r/w Sec. 187 of the Motor Vehicles Act, 1988.

(3.) The learned Magistrate by judgment dtd. 6/1/1996, found the accused guilty for the offences under Sec. 279 and 337 of I.P.C and imposed sentence of rigorous imprisonment for three months for each of the offences and directing the sentences to run concurrently. The accused was found not guilty for the offence under the Motor Vehicles Act and he was acquitted for the said offences.