BICHITRA MOHANTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks for a direction to set aside the judgment dtd. 10/10/2022 in C.C. No. 113 of 2022 on the files of the Judicial First Class Magistrate's court, Kalamassery, which arose from Crime No.21 of 2022 of Kalamassery Police Station. The offences alleged against the petitioner were only under Sec. 279 and 338 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) The petitioner hails from Orissa. On 3/1/2022 at around 7.30 pm, an accident occurred. Petitioner was allegedly driving a motorcycle bearing registration No.KL-20-F-6047. He is alleged to have driven the vehicle rashly and negligently and, while overtaking, collided with a scooter bearing number KL-07-CU-9435, causing serious injuries to the driver of the scooter and committed the offences under Sec. 279 and 338 of IPC. Petitioner alleges that since he is illiterate in Malayalam language, he was told by the police to reply to the Magistrate to plead guilty, and he abided by the said advice and pleaded guilty on 10/10/2022, without realizing the implication. By judgment dtd. 10/10/2022, the learned Magistrate imposed a fine amount of Rs.1000.00 for each of the offences. Petitioner is stated to have remitted the fine amount in court.

(3.) However, after the case was disposed of based on the plea of guilt, the injured allegedly succumbed to his injuries, and therefore, the case was altered to sec. 304A IPC and petitioner has been served with a summons intimating him that the offence under Sec. 279 and 338 of IPC has been altered to sec. 304A of the IPC. According to the petitioner, at the time when he pleaded guilty, the offence alleged against him was only under Sec. 279 and 338 of IPC and now, since he is facing charges for the offence under sec. 304A IPC, he ought to be permitted to backtrack from the plea of guilt and contest the case on merits.