RAGHUVARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been preferred by the appellant in Crl. Appeal No.94/2015 on the file of the Additional Sessions Court-I, Palakkad, against the judgment dtd. 29/7/2016, confirming the judgment of the Judicial First Class Magistrate, Alathur in C.C.1980/2014 convicting and sentencing him under Ss. 279, 337,338 and 304-A IPC.

(2.) The prosecution case is that on 20/8/2000 at about 10.00 a.m., the accused, namely the driver of the TATA Sumo car having registration No. KL-8N-6831 driven the same along the Nenmarra ' Nelliyampathy road in a rash and negligent manner so as to endanger human life, with PWs 2 to 4, 6 and 7 along with four other passengers on board and when it reached near 14th Mile junction, the vehicle plunged into a gorge having a depth of about 300 metres and as a result of which all of them sustained injuries and four passengers, who sustained serious injuries succumbed to the injuries.

(3.) The evidence in the case consists of the oral testimonies of PW1 to 22 and Exts. P1 to P22. MOs1 to 3 were identified. No evidence was adduced by the accused. After appreciating the available evidence, the learned Magistrate found the accused guilty of the offences under Sec. 279, 337,338 and 304-A IPC, convicted and sentenced him to undergo various terms of punishment including rigorous imprisonment for two years for the offence under Sec. 304-A IPC. In appeal, the learned Sessions Judge sustained the conviction as well as sentence and dismissed the appeal. Dissatisfied with the above judgment of the learned Sessions Judge, the accused preferred this revision, raising various grounds.