SANKARANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is preferred against the judgment in Criminal Appeal No.78 of 1994 of the Additional Sessions Judge, Adhoc-I, Pathanamthitta by the accused. He was charge sheeted in C.C. No.101 of 1993 of the Chief Judicial Magistrate, Pathanamthitta under Sections 279 and 304A of the Indian Penal Code (hereinafter referred to as Penal Code for short). The learned Chief Judicial Magistrate convicted the accused under Sections 279 and 304A Penal Code and sentenced to simple imprisonment for three months under Sec. 279 Penal Code and simple imprisonment for six months under Sec. 304(A) IPC. Against that, he preferred the above Criminal Appeal, where the learned Additional Sessions Judge dismissed the appeal. Being aggrieved by that the accused preferred this revision petition.

(2.) The charge against the accused is that on 15.06.1993 at 11.00 a.m., he had driven a KSRTC bus KL-15-0456 through Kozhencherry Pathanamthitta public road in a rash and negligent manner endangering human life. When he reached near the traffic junction, Pathanamthitta, the bus hit on the back side of a scooter KL-3A-971 as a result, the scooter rider fell down and the rear wheel of the bus run over the scooter rider, thereby he died at the spot itself. Pathanamthitta police registered a crime and after completing investigation, Circle Inspector, Pathanamthitta laid charge in the trial court. During trial, prosecution examined PW1 to PW13 and marked Exts.P1 to P8 as documentary evidence. MO1 was admitted as material object. The incriminating circumstances brought out in evidence were denied by the accused while questioning him. He did not adduce any defence evidence.

(3.) The rash and negligent driving have been explained by the Apex Court in S.N. Hussain Vs. State of A.P. [1972 (3) Supreme Court Cases 18] which reads as follows: