NOORUDHIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner/accused was charge -sheeted by the Inspector of Police, Kozhikkode City Traffic Police Station for offenses punishable under Secs.279, 337, 338 and 304A of the Indian Penal Code.

(2.) The brief of the prosecution case is that on 1.12.1998, at about 6.45 p.m, in the National Highway 17 at a place called, "Panniyankara Fish Market", a mini lorry driven by the accused bearing Reg. No. KL -11.G -1643 had hit against the Kinetic Honda scooter bearing Reg. No.KL -11C -9537 driven by PW -2. It is the case of the prosecution that the aforementioned mini lorry was driven by the revision petitioner/accused in a rash and negligent manner and had hit against the above said scooter, which caused the death of the wife of PW -2 and had also caused serious injuries to PW -2 and his minor children. It is on this premise that the accused was charge -sheeted by the Investigating Officer, which culminated in calendar case, C.C.No.57/1999 on the file of Chief Judicial Magistrate's Court, Kozhikkode for the aforementioned offence. In the trial, the prosecution had examined prosecution witnesses, PWs 1 to 16 and had also marked Exts.P -1 to P -14 documents on their side. No defence evidence was adduced.

(3.) The Chief Judicial Magistrate's Court, Kozhikkode by the impugned judgment rendered on 29.6.2002 in C.C.No.57 of 1999 had convicted the petitioner/accused for the offenses under Secs. 279, 337, 338 and 304A of IPC. The accused was accordingly sentenced by the trial court to undergo simple imprisonment for a term of six months for the offence under Sec.279 of the IPC, simple imprisonment for a term of six months for the offence under Sec. 337 of the IPC, simple imprisonment for a term of one year for the offence under Sec.338 of the IPC and simple imprisonment for a term of one year for the offence under Sec.304 A of the IPC and to pay a fine of Rs.2,000/ - for the offence under Sec.304 A of the IPC, in default thereof, the accused was ordered to suffer simple imprisonment for a term of one month more for the said offence. The substantive offences were ordered to run concurrently. Aggrieved by the said conviction and sentence imposed by the trial court, the accused had preferred Criminal Appeal no.339 of 2002 before the Appellate Court (Sessions Court concerned, Kozhikkode). The Appellate Court as per the impugned judgment rendered on 16.7.2005 fully concurred with the impugned conviction and sentence ordered by the trial court and had accordingly dismissed the said criminal appeal thus paving way for the confirmation of the impugned conviction and sentence imposed on the accused. It is in the light of these aspects that the accused has now preferred the instant Revision Petition, by resort to remedies under Secs.397 and 401 of the Code of Criminal Procedure.