APPUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337, 338 and 304(A) of the Indian Penal Code in C.C. No. 307 of 1998 of the Chief Judicial Magistrate Court, Palakkad. He faced prosecution on the allegation that at about 4.00 p.m. on 22.03.1995, he drove the bus No. KRG 2781 rashly and negligently so as to endanger human life along the Kuzhalmannam - Palakkad Public Road, at the place called Kannanur, the bus hit down a cyclist, and in the said accident, the cyclist died, and some passengers in the bus sustained injuries. The police registered the crime on the First Information Statement given by one of the passengers, and after investigation, submitted final report in court.

(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 16 witnesses, and proved Exts.P1 to P13 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and maintained a defence that he was not in fact the driver of the vehicle at the time of the accident. He did not adduce any evidence in defence.