RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C.No.704/1997 on the file of the Judicial First Class Magistrate Court-I, Cherthala, is the revision petitioner herein. The revision petitioner was charge-sheeted by the Sub Inspector of Police, Cherthala, in Crime No.71/1997 of Cherthala police station under Section 279 and 338 of the Indian Penal Code(hereinafter called 'the Code').

(2.) The case of the prosecution in nut shell was that, on 01.03.1997 at about 10.15 a.m, the revision petitioner as driver of the bus with Reg.No.KBF-5703, drove the vehicle in a rash and negligent manner so as to endanger human life along Cherthala Arookutty road from north to south and when it reached near Thirunalloor L.P.School, it hit against a lady by name, Ponnamma and caused grevious injuries to her and thereby he had committed the offence punishable under Section 279 and 338 of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C.No.704/1997 on the file of the Judicial First Class Magistrate Court-I, Cherthala. When the revision petitioner appeared before the court below, the particulars of offence were read over and explained to him and he pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 8 were examined and Exts.P1 to P6 and P1(a) 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, he has been falsely implicated in the case. No defence evidence was adduced on his side to prove his case. After considering the evidence on record, the court below found the revision petitioner guilty under Section 279 and 338 of the Indian Penal Code and convicted him thereunder and sentenced him to undergo simple imprisonment for one year under Section 338 of the Indian Penal Code and further sentenced to undergo simple imprisonment for six months under Section 279 of the Indian Penal Code and directed the sentences to run concurrently. The license was suspended for a period of six months under Section 20 of the Motor Vehicles Act. Aggrieved by the same, he filed Crl. Appeal 316/2000 before the Sessions Court, Alappuzha, which was made over to Additional Sessions Court, Alappuzha, for disposal. The learned Additional Sessions Judge by the impugned judgment dismissed the appeal, confirming the order of conviction and sentence including the suspension of driving license passed by the court below. Dissatisfied with the same, the present revision has been filed by the revision petitioner/ accused before the court below.

(3.) Heard the Public Prosecutor and perused the records.