P. VIJAYAN Vs. SUB INSPECTOR OF POLICE, CHANGARAMKULAM

JUDGEMENT

(1.) THE accused in S.T. No. 935 of 1996 on the file of the Judicial First Class Magistrate Court, Ponnani and the appellant in Crl. A. No. 81 of 1999 on the file of the Additional Sessions Court, Manjeri is the revision petitioner herein. The appellant was charge sheeted by the Sub Inspector of Police, Changaramkulam alleging offences under Sections 279 and 338 of the Indian Penal Code in Crime No. 7 of 1996 of that Police Station. The case of the prosecution was that on 13.1.1996 at about 12 noon, the accused drove the bus with No. KL -10C -3466 along Kuttipuram -Trichur road in a rash and negligent manner so as to endanger human life and when it reached near Edapal -Chungam, hit against P.W. 3 and caused grievous hurt and thereby he had committed the offence punishable under Sections 279 and 338 of Indian Penal Code. After trial, the learned magistrate found the revision petitioner guilty under Sections 279 and 338 of Indian Penal Code and convicted him thereunder and sentenced him to undergo rigorous imprisonment for one month and also to pay a fine of Rs. 1000/ - under Section 279 of Indian Penal code and further sentenced him to undergo rigorous imprisonment for two months and also to pay a fine of Rs. 1000/ - under Section 338 of Indian Penal Code and in default of payment of fine, directed him to undergo further simple imprisonment for one month each. The substantial sentences were directed to run concurrently. Aggrieved by the same, the appellant filed Crl. A. No. 81 of 1999 before the Sessions Court, Manjeri and that was dismissed by the Second Additional Sessions Judge confirming the order of conviction and sentence passed by the trial court. Aggrieved by the same, the present revision petition has been filed by the revision petitioner.

(2.) HEARD the learned counsel for the revision petitioner and the learned Public Prosecutor.

(3.) THE learned Public Prosecutor submitted that the evidence of P.W. 3 injured, coupled with the scene mahazar, will go to show that the accident occurred due to the negligent driving of the vehicle by the revision petitioner.