PAULY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been filed under Ss. 397 and 401 of the Code of Criminal Procedure ('Cr.P.C' hereinafter) and the revision petitioner is the sole accused in C.C.No.352/2012 on the files of the Judicial First Class Magistrate Court-I, Vaikom. Respondent herein is the State of Kerala. The revision petitioner assails judgment in C.C.No.352/2012 dtd. 7/5/2014 rendered by the Judicial First Class Magistrate Court-I, Vaikom as well as the judgment in Crl.Appeal No.128/2014 on the files of the First Additional Sessions Court, Kottayam dtd. 28/9/2015.

(2.) Heard the learned counsel for the revision petitioner/accused and the learned Public Prosecutor appearing for the State.

(3.) The precise allegation of the prosecution is as under: The prosecution case is that at about 7.30 p.m on 12/5/2012 the accused herein had driven a tanker lorry bearing Registration No.KL63/5206 through Thalayolaparambu - Peruva Public Road in a rash and negligent manner so as to endanger human life. While driving so, the tanker lorry dashed against an Activa Scooter bearing Registration No.KL36B/2322, ridden by one Babu along with a pillion rider 'Anandu'. The prosecution allegation is that as a result of the rash and negligent driving of the accused, 'Babu', the rider of the Motorcycle, died and the pillion rider 'Anandu' sustained injuries and thereby the accused committed offences punishable under Ss. 279, 337 and 304A of the Indian Penal Code ('IPC' for short hereafter) as well as 134(a) r/w Sec. 187 of the Motor Vehicles Act ('M.V Act' for short hereafter).