A.T. SUBRAHMANIYAN, S/O. THAMI Vs. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AND ANR.

JUDGEMENT

(1.) The revision petitioner herein is the accused in C.C No. 1436/2001 of the Judicial First Class Magistrate Court, Malappuram. He faced prosecution in the court below under Sections 279 and 304(A) IPC and also under Section 3(1) read with Section 181 of the Motor Vehicles Act, on the allegation that at about 1.05 p.m on 25.09.2001, he drove the Jeep No. KLM-7987 rashly and negligently, and without licence, so as to endanger human life, along the Malappuram-Manjeri public road, the said jeep hit on a motor cycle that came from the opposite side at Munduparamba, and in the said accident, the rider of the motor cycle died. The crime was registered by the police on the first information statement given by the son of the deceased. After investigation, the police submitted final report. The accused appeared before the learned Magistrate and pleaded not guilty, when the substance of the accusation was read over and explained to him.

(2.) The prosecution examined 12 witnesses, and proved Exts.P1 to P7 documents in the trial court. When examined under Section 313 Cr.P.C,, 1973 the accused denied the incriminating circumstances, and projected a defence that the rider of the motorcycle was also responsible for the accident. However, the accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the learned Magistrate found the accused not guilty under Section 3(1) read with Section 181 of the Motor Vehicles Act, but he was found guilty under Sections 279 and 304(A) IPC. On conviction, the accused was sentenced to undergo simple imprisonment for six months, and to pay a fine of Rs. 1,000/- under Section 279 IPC, and to undergo simple imprisonment for 1 year and to pay a fine of Rs. 2,000/- under Section 304(A) IPC, by judgment dated 17.08.2004. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Manjeri with Crl.Appeal No. 460/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Manjeri confirmed the conviction and sentence, and accordingly dismissed the appeal. Now, the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.