P DILEEPKUMAR 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. 141 of 1995 of the Additional Chief Judicial Magistrate Court, Thalassery. He faced prosecution on the allegation that at about 4.15 a.m. on 22.05.1994, he drove the pickup van No. KL/13/5752 rashly and negligently so as to endanger human life, along the Kannur - Thalassery Public Road, the said vehicle hit on the car No. KL-11-B-6212 which came from the opposite side, at Thottada, and in the said accident, some passengers in the two vehicles sustained injuries, and one passenger in the pickup van died. 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 21 witnesses, and proved Exts.P1 to P21 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and maintained a defence that the accident in fact occurred due to the rashness and negligence on the part of the car driver. He did not adduce any evidence in defence.