RENJITH RAJ Vs. STATE

JUDGEMENT

(1.) The appellant challenges his conviction and sentence for an offence under Sec. 304A of the Indian Penal Code, 1860 (IPC) in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code). He was tried for an offence under Sec. 304 of the IPC by the I Additional Sessions Judge, Ernakulam. He was convicted for the offence under Sec. 304A of the IPC.

(2.) The Circle Inspector of Police, City Traffic (West) Police Station, Ernakulam filed final report in Crime No.9735 of 2014 of the said police station with the following allegations: At about 12.50 p.m. on 8/11/2014 the appellant drove the bus bearing Reg.No.KL-02-AE-6673 along Ernakulam Paramara Road from north to south and while negotiating the bus to enter the Banerji Road, it hit against the handrails separating the footpath from the road. Body part of the bus tore off and that hit against Sri.Velayudhan, who was waiting on the road side. He got entangled under the bus and suffered serious injuries. He succumbed to the injuries. Alleging that the appellant drove the bus with the knowledge that he was likely by such act to cause death of passengers or pedestrians, he was charged for the offence under Sec. 304 of the IPC.

(3.) At the trial before the court below PWs.1 to 16 were examined and Exts.P1 to 36 were marked, besides Ext.C1. During the examination under Sec. 313(1)(b) of the Code, the appellant denied the incriminating circumstances appeared in evidence against him. He maintained that he was innocent. No evidence was let in on his side. The court below, after appreciating and analysing the evidence, found that it was the appellant, who was driving the bus at the time of occurrence and his rash and negligent driving was the proximate cause for dashing the bus against the handrails on the side of the road entering the footpath and hitting against the deceased, resulting in his death. By holding that the evidence tendered by the prosecution proved beyond doubt the identity of the appellant as well as his rash and negligent driving had resulted in the death of Sri.Velayudhan, the court below convicted and sentenced him for the offence punishable under Sec. 304A of the IPC. The appellant challenges the said findings in this appeal.