C.M. MOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) IPC in C.C. No. 273/2000 of the Judicial First Class Magistrate Court-II, Thamarassery. He faced prosecution in the court below on the allegation that at about 8.45 a.m. on 3.2.2000, he drove the mini lorry No. KL11-3916 rashly and negligently, so as to endanger human life along the Mukkom-Augasthamuzhi public road, and at Mukkom, the said mini lorry hit down a lady, and the said lady died due to the fatal injuries sustained in the accident. The police registered the crime on the F.I.Statement given by one Babu. The said Babu and the deceased lady were engaged in the construction of a compound wall at the southern side of the road, which lies east-west. The lorry came from east to west, and the prosecution case is that the lady happened to be hit down when she was crossing the road from north to south with a sack of cement on her head. On investigation, the police found a case of rashness and negligence on the part of the lorry driver, and accordingly, submitted final report in court. 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 11 witnesses, and proved Exts.P1 to P8 documents in the trial court.

(2.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence that the accident occurred only because the deceased lady carelessly crossed the road at the place of accident. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for three months under Section 279 IPC, and to undergo rigorous imprisonment for six months, and to pay a fine of Rs. 2,000/- under Section 304(A) IPC.