SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C. No. 116/1992 of the Judicial First Class Magistrate, Thiruvananthapruam for offence punishable under section 279 and 304A Penal Code and under Sec. 146 r/w 177 of Motor Vehicles Act 1988 is the revision petitioner.

(2.) The prosecution allegation is that on 24.7.1993 at about 10.30 a.m. the revision petitioner had driven a motor bike KCV 1877 along Ulloor-Sreekariyam public road in a rash and negligent manner from south to north, when he reached at the place of occurrence, the vehicle hit one Bhargavy Amma, who was walking through the western side of the road, as a result, she sustained serious injury. Immediately, she was removed to the hospital, while undergoing treatment, at 10.45 a.m. she succumbed to the injuries. On the basis of information, the City Traffic Police, Thiruvananthapuram registered a crime and after investigation laid charge before the trial Court.

(3.) In the trial Court, prosecution examined PW1 to 10 and marked Exts.P1 to P10 documents in evidence. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He deposed in the trial Court that the deceased crossed the road at the place of occurrence, when he applied sudden brake, he fell in the road and sustained injuries.