RAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in CC. No. 847/1995 on the file of the Judicial First Class Magistrate Court-I, Kozhikode, is the revision petitioner herein.

(2.) The revision petitioner was charge sheeted by the Sub Inspector of Police, City Traffic, Kozhikode, in Crime No. 231/95 under section 279 and 304A of Indian Penal Code.

(3.) The case of the prosecution in nutshell was that on 05.02.1995, at about 4.15 p.m., the revision petitioner being the driver of the Bus with Registration No. KL-11C-631 drove the same in a rash and negligent manner so as to endanger human life through Kozhikode-Mavoor public road from medical college side to kozhikode side and when it reached the place called Maniyedath Kayattam in Nellikode village it overtook another city bus in a negligent manner went to the wrong side of the road and hit against the motor cycle with Registration No. KL-11-9823, which was driven by one Venugopalan Nair with a pillion rider Narayanan Nair and on account of the same they sustained severe injuries and succumbed to the same and thereby the revision petitioner had committed the offence punishable under section 279 and 304A of Indian Penal Code. After investigation, final report was filed and it was taken on file as CC. No. 847/1995 on the file of Judicial First Class Magistrate Court-I, Kozhikode.