MOHANA Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Criminal Revision Petition the accused challenges the conviction and sentence passed against him by the Courts below for the offence under Ss.279 and 304A of the Indian Penal Code. The sentence imposed is only a fine of Rs. 1000/-.

(2.) The prosecution version of the incident is as follows :- The accused drove goods vehicle bearing registration No. KLO 3001 along the Poonthura-Beema Pally public road from south to north in a rash and negligent manner so as to endanger human life. When it reached near Valiyavilakom Veedu, the lorry hit one Barnabas, who was walking along the western foot path of the road from north to south. On account of the lorry hitting Barnabas, he fell on the road and the vehicle ran over him causing his instantaneous death. The accused did not stop vehicle there nor did he care to render medical aid to the injured. The accused made his escape from the place in the said lorry itself. PW 1 who was walking along with the deceased immediately went to the police station and lodged Ext. P1 complaint.

(3.) In order to prove the prosecution version of the incident P.Ws. 1 to 12 were examined and Exts. P1 to P8 were marked. On the side of the accused no evidence, either oral or documentary was let i. After considering the above evidence the trial Court came to the conclusion that the accused drove the lorry in a rash and negligent manner, that it hit Barnabas and Barnabas died as a result of the lorry running over his body. It has also been found that the accused did not stop the lorry to give any help to the injured. Accordingly he was found guilty of the offence punishable under Ss. 279 and 304A of the Indian Penal Code. For the offence under S. 304A he was sentenced to pay a fine of Rs.1000/- and in default to suffer simple imprisonment for 3 months. The learned Magistrate further suspended the driving licence of the accused for a period of one year. His conviction and sentence were challenged before the Sessions Court, Trivandrum in Criminal Appeal No. 203 of 1984. The learned Sessions Judge by his judgment dt. 25-1-1985 also came to the conclusion that the vehicle KLO 3001 was driven along the public path way in a manner so negligent as to endanger human life, that as a result of such driving of the vehicle the death of Barnabas was caused and that it was the appellate who was driving the vehicle at the time of the incident viz. 10.30 p.m. on 3-2-1981. In this view the sentence passed by the Court below was confirmed.