VASUDEVA MENON @ UTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) IPC, and also under Sections 134(a) and (b) read with Section 187 of the Motor Vehicles Act in C.C. No.1177/1997 of the Judicial First Class Magistrate Court I, Cherthala. The prosecution case is that at about 3.45 p.m. on 1.6.1997, the accused drove the car No.KL-4A-900 rashly and negligently so as to endanger human life, along the Vayalar-Nagamkulangara public road from south to north direction, the said car went off the road to the footpath, and hit down one Shaji and his son Shine, who were walking along the footpath, and in the said accident, Shaji and Shine sustained fatal injuries, to which they succumbed. Shaji died on the way to the hospital, and Shine died at the Medical College Hospital, Alappuzha on the same day at 6 p.m. while undergoing treatment. The police registered the crime on the F.I.Statement given by one Sankunni. After investigation, the police submitted final report in court. It is also alleged that the accused did not care to stop the vehicle at the spot of accident, or to attend the persons, who sustained severe injuries in the accident. 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 twenty witnesses, and proved Exts.P1 to P10 documents in the trial court. When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that he was never responsible for the alleged accident, and that the car was in fact driven by one Aji. To probabilise the defence case, the accused examined four witnesses, and also proved Exts.D1 to D4 documents.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction he was sentenced to undergo simple imprisonment for six months under Section 279 IPC, to undergo simple imprisonment for two years under Section 304(A) IPC, and to pay a fine of Rs. 500/- each under Sections 134(a) and 134(b) read with Section 187 of the Motor Vehicles Act. Aggrieved by the judgment of conviction dated 28.1.2004, the accused approached the Court of Session, Alappuzha with Crl.A. No.78/2004. In appeal, the learned Additional Sessions Judge, Alappuzha 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.