MANNUEL, S/O JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.No.1014/1996 on the file of the Judicial First Class Magistrate Court-II, Aluva is the revision petitioner herein.

(2.) The revision petitioner was charge sheeted by the Circle Inspector of Police, City Traffic Police Station, Kochi city in Crime No.1638/1996 of that police station alleging offences under Sections 279, 337, 338, 304(A) and Section 134 (a) and (b) read with Section 187 and section 3(1) read with section 181 and section 128 read with section 177 of the Motor vehicles Act (hereinafter referred to as 'the Act' for short).

(3.) The case of the prosecution in nutshell was that, on 1.9.1996 at about 12.10 p.m, the revision petitioner had driven the motor cycle with No.KBE 8390 with Pws 1 and 2 as pillion riders and while proceeding through BTS road from east to west, when they reached the place of occurrence, on account of the reckless and negligent driving of the revision petitioner, the motor cycle hit against a pedestrian by name Bhuvanachandran, and on account of the hit, he fell done and sustained grievous injury and the motor cycle also fell down and PW1 also sustained grievous injury and PW2 sustained simple injury and later on 3.9.1996, Bhuvanachandran died due to head injury sustained by him in the accident and the revision petitioner did not produce the driving licence immediately after the incident and he did not inform the police about the accident and did not take any steps to take the injured to the hospital and the vehicle was driven without any insurance and thereby he had committed the above said offences.