THATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) I.P.C in C.C.No. 196 of 1993 of the Judicial First Class Magistrate Court, Kayamkulam. A small boy was knocked down and run over by the Lorry No. TNQ-1179 on the Karuvatta Vadakkum Muri Road at about 3 p.m on 7.5.1993. The prosecution would allege that the said lorry was driven by the accused in this case rashly and negligently so as to endanger human life, and the unfortunate accident occurred due to the rashness and negligence on the part of the accused. The Police registered the crime on the first information statement given by a person who witnessed the accident, 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 10 witnesses in the trial court, and proved Exts.P1 to P12 documents.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He projected a defence of total denial, and also disputed the identity of the driver of the vehicle. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty under Sections 279 and 304 (A) I.P.C. On conviction, he was sentenced to undergo simple imprisonment for six months under Section 304(A) IPC, but no separate sentence was imposed under Section 279 IPC.