C ABDULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The Second respondent Ajithkumar is the sole accused in C.C. No. 545 of 2001, on the file of the court of the Chief Judicial Magistrate, Kasaragod. The offences alleged against him are under Sections 279 and 304A of the Indian Penal Code. The allegation against the accused is that on 30.9.2001 at about 7 p.m., while he was driving the car, bearing Registration No. KA-2-MB-555, it hit against the bicycle on which the victim boy was riding. The boy fell down and sustained injuries and later, succumbed to the injuries.

(2.) On the side of the prosecution, PWs.l to 3 were examined. PW.l stated that he saw the incident. PW.2 is also an eye witness and he stated that the incident took place due to the rash and negligent driving of the driver of the vehicle. But, PW.2 stated that he did not see the driver properly. PW.3, who is the petitioner in this Crl. M.C., is the owner of the vehicle. He admitted in evidence that the car belongs to him and that he came to know that the car was involved in an accident on 4th or 5th October, 2001. He further stated that on 30.9.2001 at about 7.30 p.m., the accident took place. It is also stated by him that on 30.9.2001 he drove the vehicle. He denied that the accused drove the vehicle on the date of the accident. He also stated that he does not know the accused and that at the time of the accident, the vehicle was at Bangalore. He concluded by saying that while he was driving the vehicle, no accident took place. PW.3, the petitioner herein, was declared hostile and he was cross examined.

(3.) PW.3 was examined on 8.3.2004. After his examination was over, the learned Magistrate passed an order on the same date, which reads as follows: