K.T.ABDUL LATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337, 338 and 304A IPC in C.C.No.282 of 1999 of the Additional Chief Judicial Magistrate Court, Thalassery.

(2.) He faced prosecution in the court below on the allegation that at about 9.00 a.m. on 11.06.1997, he drove the bus No.KL-13-A-8553 in extreme rashness and negligence so as to endanger human life, along the Thalassery-Kozhikode public road, the said bus hit on the Jeep No.KEZ-1117 that came from the opposite side, causing a major accident in which four passengers in the said jeep sustained fatal injuries, to which they succumbed on the spot, and some other passengers and also some pedestrians sustained simple and grievous injuries. The accident occured at the place called Parimadam. The bus driven by the accused was proceeding from North to South, and the jeep involved in the accident was proceeding from South to North. The police registered the crime on the First Information Statement given by a person of the locality, and after investigation, submitted final report in Court.

(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 seventeen witnesses, and proved Exts.P1 to P15 documents in the trial court. MO1 series properties were also identified. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for two years, and to pay a fine of Rs.5,000/- under Section 304A IPC, to undergo another term of rigorous imprisonment for six months each under Sections 279 and 338 IPC, and to pay a fine of Rs.500/- under Section 337 IPC.