THOMAS S/O. KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is a driver of the Kerala State Road Transport Corporation (K.S.R.T.C). He challenges the conviction and sentence against him under Section 304A I.P.C in S.C No.1151/2008 of the Court of Session, Thrissur.

(2.) The accused appeared before the trial court, and pleaded not guilty to the charge framed against him under Section 304 I.P.C. The prosecution examined 13 witnesses in the trial court, and proved Exts.P1 to P13 documents. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence that the unfortunate accident occurred due to the carelessness on the part of the rider of the motor cycle. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found that this is not a case of culpable homicide not amounting to murder, but only a case of road traffic accident that occurred due to the extreme rashness and negligence on the part of the driver of the K.S.R.T.C bus.