PRESANNA KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C 521/1996 of the Judicial First Class Magistrate Court-II, Chengannur. He and the 2nd accused were respectively the Conductor and the Driver of the Stage Carriage No.KLY 8757. They faced prosecution in the trial court under Sections 279 and 304A I.P.C, on the allegation that by rashness and negligence, they caused the death of a passenger at about 7.50 a.m on 29.7.1995 at the Kallummodu junction. The Police registered the crime on the complaint made by the son of the deceased. The said bus was stopped to alight/pick the passengers at the Kallmmoodu junction. The prosecution case is that when the Conductor of the bus gave double bell carelessly, the driver took the bus forward, as a result of which a passenger on the foot-board fell down, and he was run over by the bus. Due to the fatal injuries sustained by him, the said passenger died at the hospital on 6.8.1995. The Police submitted final report against the Conductor and the Driver under Sections 279 and 304A I.P.C in the trial court. They appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to them. The prosecution examined 14 witnesses and proved Exts.P1 to P8 documents in the trial court. The MO1 and MO2 properties were also identified during trial. Both the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. In defence, they examined one witness as DW1.

(2.) On an appreciation of the evidence, the trial court found both the accused guilty under Sections 279 and 304A I.P.C. On conviction, they were sentenced to undergo rigorous imprisonment for six months each under Section 304A I.P.C and to undergo rigorous imprisonment for three months each under Section 279 I.P.C. They were also sentenced to pay a fine of 2000/- each under the two Sections. Aggrieved by the judgment of conviction dated 16.1.1999, the two accused approached the Court of Session with Crl.A No.58/1999. In appeal, the learned First Additional Sessions Judge, Mavelikara found the 2nd accused (driver) not guilty of any of the offences. Accordingly he was acquitted in appeal. As regards the 1st accused, the appellate court found that he can be convicted only under Section 338 I.P.C. Accordingly, he was found not guilty under Sections 279 and 304A I.P.C and he was acquitted of those offences in appeal.

(3.) On conviction under Section 338 I.P.C by the appellate court, he was sentenced to undergo simple imprisonment for one month and to pay a fine of 1000/-. Now the 1st accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.