(1.) The accused in C.C.No.21/1997 on the file of the Judicial First Class Magistrate Court, Kodungallur is the revision petitioner herein. The revision petitioner was charged sheeted by the Circle Inspector of Police, Irinjalakkuda in Crime No.163/1996 of Kodungallur police station under sections 279, 337, 338 and 304 A of the Indian Penal Code.
(2.) The case of the prosecution in nutshell was that on 7.7.1996 at about 4 p.m the revision petitioner, as the driver of the Jeep KL8 C 5191, drove the same in a rash and negligent manner so as to endanger human life through National Highway at Sringapuram and overtook a tempo van in a negligent manner and hit against a scooter came from the opposite direction driven by the deceased with PW5 as pillion rider of the scooter succumbed to the injuries while PW5 sustained grievous injuries on account of the negligent act of the revision petitioner and thereby he had committed the offences under sections 279, 337, 338 and 304 A of the Indian Penal Code.
(3.) After investigation, final report was filed and the case was taken on file as C.C.No.21/1997 on the file of the Judicial First Class Magistrate Court, Kodungallur. When the revision petitioner appeared before the court below, particulars of offences were read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, Pws 1 to 14 were examined and Exts.P1 to P10 were marked on the side of the prosecution. After closure of the prosecution evidence, the revision petitioner was questioned under section 313 of the Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the prosecution evidence. He had further stated that while he was driving the vehicle along with his wife and child and when he reached the place of occurrence, the van which was going ahead suddenly applied break and in order to avoid collision, he took vehicle to the right side and hit against the scooter and he had not committed any offence. No defence evidence was adduced on his side. After considering the evidence on record, the trial court found the revision petitioner guilty under sections 279, 337, 338 and 304 A of the Indian Penal Code and convicted him thereunder and sentenced him to undergo simple imprisonment for six months for the offence under section 279 of the Indian Penal Code and further sentenced him to undergo simple imprisonment for one year for the offence under section 304 A of the Indian Penal Code and further sentenced to pay a fine of Rs.3,000/-, in default to undergo simple imprisonment for six months more. No separate sentence was awarded for the offences under sections 337 and 338 of the Indian Penal Code. Aggrieved by the same, the revision petitioner filed Crl.A.No.57/2000 before the Sessions Court, Thrissur which was made over to the Additional Sessions Court (Adhoc-II), Thrissur for disposal and the learned Additional Sessions Judge dismissed the appeal confirming the order of conviction and sentence passed by the court below. Aggrieved by the same, the present revision has been filed by the revision petitioner/accused before the court below.