K.M.RAVICHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction sentence against him under Sections 279, 337 and 304A of IPC in ST No. 1333/1998 of the Judicial First Class Magistrate Court, Irinjalakkuda. He faced prosecution in the court below, on the allegation that at about 3.30 a.m on 23.09.1997, he drove the lorry No.TAG-9916 rashly and negligently so as to endanger human life along the Trissur ­ Ernakulam national highway, the said lorry hit on a mini bus bearing No.KL-01D-9549 that came from the opposite side, at Amballoor, while overtaking another lorry, thus causing a very major accident resulting in the death of 7 passengers of the mini bus. The police registered the crime on the first information statement given by a person of the locality, and submitted final report in court after investigation.

(2.) 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 21 witnesses and proved Exts.P1 to P25 documents of the trial court. When examined U/s 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence that the accident in fact occurred due to the rashness and negligence on the part of the driver of the mini bus. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for 3 months and to pay a fine of 1,000/- U/s 279 IPC, to undergo simple 500/- U/s imprisonment for 2 months and to pay a fine of 337 of IPC, and to undergo another term of simple imprisonment of 3 months and to pay a fine of 3,000/- U/s 304(A) of IPC.