MURIKKUMKADAN NAZARUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337 and 304A IPC in C.C. No.513/1997 of the Judicial First Class Magistrate Court, Parappanangadi. He faced prosecution in the court below on the allegation that at about 4.30 p.m. on 21.9.1996, he drove the mini bus No.KL-10-C-5238 rashly and negligently, so as to endanger human life, along the Chemmad - Kottakkal public road from north to south, the bus hit on an autorickshaw that came from the opposite side, while overtaking another bus rashly and negligently, and in the said accident, the passengers in the autorickshaw sustained injuries, and a baby passenger died. The police registered the crime on the F.I.Statement given by a person, who witnessed the accident, and after investigation, the police 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.

(2.) The prosecution examined 14 witnesses, and proved Exts.P1 to P15 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence that the accident occurred due to the rashness and negligence on the part of the autorickshaw driver. In defence, the accused examined a witness as DW1.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- under Section 279 IPC, to undergo simple imprisonment for three months and to pay a fine of Rs. 500/- under Section 337 IPC, and to undergo simple imprisonment for one year and to pay a fine of Rs. 500/- under Section 304A IPC. Aggrieved by the judgment of conviction dated 18.6.2004, the accused approached the Court of Session, Manjeri with Crl.A. No.339/2004. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Manjeri confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, he is before this Court in revision, challenging the legality and propriety of the conviction and sentence.