P T THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337 and 304A of the Indian Penal Code in C.C.No. 44 of 1996 of the Judicial First Class Magistrate Court-I, Kannur. He faced prosecution on the allegation that at about 8.00 p.m. on 10.08.1995, at the Caltex Junction, Kannur, which is a busy part of the Kannur City, the accused dove the lorry No. KL-01/B-3148 rashly and negligently so as to endanger human life, the lorry hit down a pedestrian on the road to death, the lorry hit on two auto rickshaws at the side of the road also, and in the said accident, another person sustained injuries also. The Police registered the crime on the First Information Statement given by a person who witnessed the accident, and after investigation, the Police submitted final report in court against the accused.

(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 Ext.s P1 to P15 documents in the trial court.

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