SANKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was charge-sheeted by the Circle inspector of Police, City Traffic Police Station for offences under S. 279 and 304a IPC and S. 56 (3) (b) of the Motor Vehicles Act. THE prosecution case was that on 18-3-1981 at about 5-45 p. m. , the petitioner drove lorry bearing registration No. KLK. 3232 with mud load from east to west along the Pookattupady-Edappally Road in a rash and negligent manner and hit against one Nalinakshan, which ultimately resulted in his death.

(2.) THE trial court found the petitioner guilty of offences under S. 279 and 304a IPC and under S. 56 (3) (b) of the Motor Vehicles act and sentenced him to suffer simple imprisonment for six months and a fine of Rs. 1000/- and in default to suffer simple imprisonment for two months more. No separate sentence was awarded for offence under S. 279 IPC THE petitioner was also sentenced to pay a fine of Rs. 100/- for the offence under S. 56 (3) (b) of the Motor Vehicles Act and in default to suffer simple imprisonment for one week THE driving licence of the petitioner was also suspended for a period of six months from the date of judgment. Aggrieved by the said order the petitioner filed Criminal Appeal No. 175 of 1982 before the Addl. Sessions judge, Ernakulam. THE learned Sessions Judge confirmed the conviction. However he applied the provisions of the Probation of Offenders Act and released the petitioner on probation for good conduct for two years on his entering into a bond with two sureties to appear and receive sentence when called upon during such period and in the meantime to keep the peace and be of good behaviour. THE learned Sessions Judge also confirmed the order of suspension of the driving licence of the petitioner for a period of six months.