K.SIVAMANI Vs. THE STATE

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304A I.P.C in C.C 153/1997 of the Judicial First Class Magistrate Court, Alathur. He faced prosecution on the allegation that at about 5.30 p.m on 23.8.1996, he drove the mini lorry No.KL9A-7075 rashly and negligently, so as to endanger human life, along the Thrissur-Palakkad National Highway, the mini lorry collided with a jeep that came from the opposite side at the place called Thenidukku and in the said accident, the passengers in the jeep sustained injuries and a lady passenger succumbed to the fatal injuries sustained by her. She was being taken from Palakkad to the Medical College Hospital, Thrissur. The Police registered the crime on the first information statement given by one of the passengers, and submitted final report in court, after investigation.

(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 9 witnesses in the trial court, and proved Exts.P1 to P8 documents. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence that the unfortunate accident occurred due to the negligence on the part of the jeep driver. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under Sections 279 and 304A I.P.C. He was found not guilty under Sections 337 and 338 I.P.C and also under Section 134(b) read with 187 of the M.V Act , and accordingly he was acquitted of those offences. On conviction, he was sentenced to undergo rigorus imprisonment for three months under Section 279 I.P.C and to undergo rigorous imprisonment for six months under Section 304A I.P.C. Aggrieved by the judgment of conviction dated 14.3.2001, the accused approached the Court of Session, Palakkad with Crl.A 144/2001. In appeal, the learned Additional Sessions Judge, (Adhoc-I) Palakkad confirmed the conviction and sentence and accordingly dismissed the appeal. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.