VALAYANGADAN JITHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) In this revision petition, accused challenges the judgment of the Sessions Court, Thalassery in Crl.A No.411/2009 whereby the Sessions Court enhanced the punishment imposed against him in C.C.No.308/2005 by the Judicial First Class Magistrate Court, Kuthuparamba.

(2.) Crl.A No.411/2009 was an appeal preferred by the State before the Sessions Court, Thalassery under Sec. 377 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking enhancement of the sentence awarded by the Judicial First Class Magistrate Court, Kuthuparamba against the accused for the offences punishable under Ss. 279, 338 and 304A of Indian Penal Code (for short 'IPC').

(3.) The allegation against the accused was that on 29/5/2005 at 21 hrs. accused drove an autorickshaw bearing registration No.KL13/D 8621 through the Public Road in a rash and negligent manner so as to endanger the human life and when it reached at Chittariparamba, it collided with a motor cycle bearing registration No.KA01/R-4013 ridden by the defacto complainant with one Zubair as pillion rider. The rider of the motor cycle and the pillion rider sustained injuries in the said incident. The pillion rider Zubair succumbed to the injuries. It was also alleged that accused had no driving licence for driving the autorickshaw, the accused thereby committed the offences punishable under Sec. 279, 338, 304A of IPC and Sec. 3 r/w Sec. 181 of Motor Vehicles Act.