SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, the sole accused in S.C.No.955/2011 on the file of the Court of Session, Alappuzha challenges the conviction entered and sentence passed against him for the offences punishable under Ss. 279, 337, 304A IPC; Sec. 134 (a)(b) read with Sec. 187 of Motor Vechicles Act, 1988 (the M.V.Act) and Sec. 139 of the Electricity Act, 2003.

(2.) The prosecution case is that on 23/10/2009 at 11:45 a.m., the accused drove lorry bearing registration no.KL07/AG-7570 through the Alappuzha - Ernakulam National Highway from north to south in a rash and negligent manner so as to endanger human life and when he reached near Arthunkal bypass, the lorry dashed against the rear side of the car bearing registration no.KL-37/6977 which had been stopped at the traffic signal. The accused lost control of his vehicle and he knocked down Poojalakshmi Pai, the daughter of PW1. Thereafter, the lorry dashed against the electric and traffic signal post resulting in causing damages to the tune of Rs.45,526.00 to the KSEB. The accused neither informed the police about the incident nor took Poojalakshmi Pai to the hospital. Poojalakshmi Pai thereafter succumbed to the injuries on 31/10/2009 at 12:45 p.m. while undergoing treatment. Hence as per the final report, the accused is alleged to have committed the offences punishable under the aforementioned Ss. .

(3.) Crime no.891/2009, Cherthala Traffic police station, that is, Ext.P10 FIR was registered by PW14, the then Sub Inspector, Traffic Unit, Cherthala police station based on Ext.P1 FIS of PW1. The investigation was conducted by PW13 and PW14 and the latter on completion of the investigation submitted the final report/charge sheet before the jurisdictional magistrate.