DORASWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337 and 304A IPC in C.C.No.243 of 1993 of the Judicial First Class Magistrate Court-III, Palakkad.

(2.) He faced prosecution on the allegation that at about 10.45 a.m. on 12.09.1993 he drove the lorry No.TDQ 9679 in extreme rashness and negligence so as to endanger to human life, the said lorry hit on a passenger bus that came from the opposite side at Pulikode on the Palakkad-Kozhikode National Highway, and in the said accident some passengers in the bus sustained injuries, and two passengers died. The crime was registered on the First Information Statement given by one of the passengers, and after investigation, the police submitted final report against the driver of the lorry. Though initially there was some allegations against the bus driver also, the police found on investigation that the accident in fact occurred due to the extreme rashness and negligence on the part of the lorry driver.

(3.) The accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to him. The prosecution examined 18 witnesses in the trial court, and proved Exts.P1 to P13 documents. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. He did not adduce any oral evidence in defence. However, Ext.D1 was marked on his side.