P C POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner now stands convicted for offences under Sections 279 and 304A, I.P.C. For the former he was sentenced to suffer rigorous imprisonment for 2 months and for the latter he was sentenced to rigorous imprisonment for 6 months. He was also directed to pay a fine of Rs. 1,000/- for the said offence under Section 304A and in default of payment of the fine he was directed to suffer simple imprisonment for a period of 2 months. The sentences of imprisonment were directed to run concurrently. There was also a further direction that the driving licence of the petitioner will be suspended for a period of one year.

(2.) The case of the prosecution is, that on 28-9-1987 at about 3.30 p.m. on the road in front of the house of one Sanku, situated at Nellikkurussi amsom and desom, the petitioner being the driver of the tempo van bearing registration No. KER 900, drove the same from east to west through the NellikkurussiMurukkumpatta public road in a rash and negligent manner and, in a high speed and when the vehicle driven by him reached at the place of occurrence, it hit the body of a boy, Kader, aged about 8 years. On account of the said impact the boy sustained grievous injuries on his head who was then removed to the Medical College Hospital, Trichur, where he succumbed to the injuries on 6-10-1987.

(3.) P.W. 1 is the first informant and Ext. P l is the first information statement. He is an eye-witness to the occurrence. P.Ws. 2 to 4, though were examined as eye-witnesses, P.W. 4 alone supported the case of the prosecution. P.W. 5 was cited to prove the scene mahazar and the proved Ext. P2, the scene mahazar. Similarly P.W. 6 who was examined to prove Ext. P3, the mahazar prepared for the seizure of the clothes from the dead body, supported the prosecution and proved Ext. P3. Ext. P4 was proved through P.W. 7. P.W. 8 was the doctor attached to the Medical College Hospital, who sent the death intimation Ext. PS to the police and P.W. 9 is the Assistant Motor Vehicle Inspector, Ottapalam, who inspected the vehicle and issued the inspection report, Ext. P6 wherein he has stated that the occurrence was not due to any mechanical failure. P.W. 10, the Circle Inspector of Police, completed the investigation and laid the final report against the accused under Section 173 of the Crl. P.C. P.W. 10 filed Ext. P7 the post-mortem certificate alleged to have been issued by a doctor who conducted the post-mortem on the dead body of Kader, the deceased in the case.