POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the accused in C.C No.897/1999 of the Judicial First Class Magistrate Court-II, Palakkad. He challenges the conviction and sentence against him under Sections 279 and 338 I.P.C. He faced prosecution on the allegation that at about 4.30 p.m on 18.11.1998, he drove the car No.KRR-2516 rashly and negligently along the Pulapatta-Manazhi public road, and due to the said rashness and negligence, the car hit down a school boy aged 10 years, causing fracture of his right femur.

(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 seven witnesses including the injured child and proved Exts.P1 to P6 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C, and he projected a defence that the accident occurred only Crl.R.P No.2502 of 2005 because the boy carelessly crossed the road.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for 6 months under Section 279 I.P.C and to undergo rigorous imprisonment for two years under Section 338 I.P.C. Aggrieved by the judgment of conviction dated 29.9.2001, the accused approached the Court of Session, Palakkad with Crl.A.No.407 of 2001. In appeal, the learned Additional Sessions Judge (Adhoc-II), Palakkad confirmed the conviction but modified the sentence. Accordingly, the jail sentence under Section 279 I.P.C was reduced to rigorous imprisonment for three months and the sentence under Section 338 I.P.C was reduced to rigorous imprisonment for six months. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.