M VINAYARANJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 184 and 185 of the Motor Vehicles Act (for short " the MV Act"). He faced prosecution in S.T.No. 44 of 1995 before the Judicial First Class Magistrate Court-I, Kannur, on the allegation that at about 11.00 p.m. on 07.01.1995, he was found driving his auto rickshaw No. KL-13/5474 along the public road at the Plaza Junction, Kannur, in extreme rashness and negligence so as to endanger human life, and also in a drunken condition. The offence was detected by the Sub Inspector of Police, Kannur Town Traffic Unit. He arrested the accused, and brought the accused at the Government Hospital, Kannur, for medical examination. When requested by the doctor to give blood sample for examination, the accused did not consent. However, on clinical examination, the doctor found that he had consumed alcohol, and a certificate was issued accordingly. On the basis of the said certificate and other materials, the Police 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 eight witnesses, and proved Exts. P1 to P6 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Sec. 313 Cr.P.C.. He did not adduce any evidence in defence.