THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against the judgment passed in Crl. Appeal No. 382/2013 on the files of the Additional Sessions Court -I, Kottayam Division, by which the conviction and sentence imposed on the revision petitioner/accused, in C.C. No. 263/2012 on the files of the Judicial First Class Magistrate's Court -I, Kottayam, for the offences under Secs. 279, 337, 338 and 304A of the Indian Penal Code, stand confirmed.

(2.) The prosecution case, in brief, is as follows: On 8/1/2012, the accused drove the car bearing Registration No. KL05 AB -9735 from east to west through Kottayam - Kumarakom public road in a rash and negligent manner so as to endanger human life and as a result, at about 14.15 hours, when the car reached the road at the place called 'Govindapuram', it dashed against P.Ws. 2 to 4 and Fasila who were walking through the northern side of the road from east to west and that Fasila died due to the injuries sustained by her in the accident. P.Ws. 2 to 4 sustained simple as well as grievous injuries in the accident. It is also alleged that the accused did not take any steps to secure medical attention to the injured persons and that he did not report the circumstances of the accident at the Police Station within the prescribed period. Hence he was prosecuted for the offences punishable under Secs. 279, 337, 338, 304A of the IPC and Sec. 134(a) and 134(b) read with Sec. 177 of the M.V. Act.

(3.) After trial, the learned Magistrate found the revision petitioner guilty of the offences for which he was charge sheeted, but in appeal, the learned Sessions Judge confirmed the conviction and sentenced for the offences under Secs. 279, 337, 338 and 304A of the IPC and set aside the conviction and sentence for all the other offences. The legality and correctness of the concurrent findings of conviction and sentence for the aforesaid offences are under challenge in this revision petition.