LAVI A.O. Vs. MANIKANDAN

JUDGEMENT

(1.) Accused in C.C.No.796/2019 pending before the Judicial First Class Magistrate's Court, Wadakkanchery has approached this Court in this Crl.M.C. praying to quash Annexure B final report and all further proceedings in the case.

(2.) Allegation leveled against the petitioner is that on 19/3/2019, at about 11 am., while he was driving a lorry bearing registration No.KL-48-L-1281, on account of the same getting entangled with a rope which was tied to a mango tree, from which the deceased was plucking mangoes, the deceased fell down and suffered injuries to which he later succumbed. The crime was registered on the basis of statement furnished by one Manikandan, S/o.Velayudhan on 19/3/2019. The FIS reveals that the deceased, Manikandan, S/o.Karappan was engaged for plucking mangoes from a mango tree in the property of one Jose on 17/3/2019. He had tied a rope on his hand to put down the plucked mangoes collected in a basket without damage. At about 11 am, he was about to climb down from the tree to have food. Then the lorry driven by the accused in a rash and negligent manner passed through the road and the rope hanging from the tree got entangled on the left side mirror of the lorry. Manikandan fell down from the tree and he was taken to Govt.Medical College Hospital, Thrissur. His condition became serious and on 19/3/2019 at about 00:30 hours he expired.

(3.) The FIR was lodged under Sec. 174 of Cr.P.C. on 19/3/2019. The police conducted investigation and filed Annexure B final report alleging the offences under Ss. 279 and 304A of the IPC against the petitioner. In the final report it has been alleged that the petitioner had driven the vehicle in high speed and in a rash and negligent manner. CW1 is the only eye witness as per the final report. According to him, the accused had driven the vehicle in high speed and in a negligent manner. He also stated that cause of the accident was the speed and rash and negligent driving by the petitioner.