SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) CONVICTION and sentence under Sections 279, 337, 338 and 304 (A) of Indian Penal Code ( hereinafter referred to as 'IPC' for short) are under challenge in this revision. The revision petitioner faced prosecution before the Judicial First Class Magistrate -II, Attingal in C.C No.372 of 1998 on the allegation that at about 1.30 p.m on 14.8.1997, the revision petitioner drove the Tempo Trax No.KL.5 -A 2278 in extreme rashness and negligence, along the Kottarakara - Thiruvananthapuram Public Road at Vamanapuram, in such way as to endanger human life and due to the said rashness and negligence, the vehicle happened to hit on a jeep that came from the opposite side, resulting in a major accident. In the said accident, many persons travelling in the two vehicles sustained injuries and one passenger in the jeep died.

(2.) THE revision petitioner pleaded not guilty in the trial court, and the case proceeded for trial. The prosecution examined 34 witnesses in the trial court and marked Exts.P1 to P13. Four witnesses were examined in defence by the accused.

(3.) AGGRIEVED by the conviction and sentence, the revision petitioner approached the Court of Session, Thiruvananthapuram with Crl.A No.9 of 2001. In appeal, the learned First Additional Sessions Judge, Thiruvananthapuram concurred with the findings of the trial court and confirmed the conviction and sentence. Accordingly, the Criminal Appeal was dismissed by judgment dated 20.1.2004.