MANGALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C. No. 696/1996 on the file of the Judicial First Class Magistrate Court, Changanasserry, is the revision petitioner herein.

(2.) The revision petitioner was charge sheeted by the Circle Inspector of Police, Changanasserry in Crime No. 360/1995 of Changanasserry police station alleging offence under section 279, 337, 338 and 304A of the Indian Penal Code.

(3.) The case of the prosecution in nutshell was that on 15.06.1995, at about 12.30 pm, the revision petitioner as driver of the vehicle KLO-4718 drove the lorry in a rash and negligent manner so as to endanger a human life through AC road from east to west with a rubbles loaded and when it reached Paippadu hit against the acacia tree and fell on the house with No. 1/415 of Paippad panchayat and on account of that one Sushamma died and others sustained simple and grievous injuries and thereby he had committed the offence punishable under section 279, 337, 338 and 304A of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as C.C. No. 696/1996 on the file of the Judicial First Class Magistrate Court, Changanasserry.