AJEEV SIVADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337 and 304A IPC in C.C.No.212 of 1997 of the Chief Judicial Magistrate Court, Alappuzha. He faced prosecution in the Court below on the allegation that at about 2.00 p.m on 23.10.1995, car No.KL.2A 4467, was driven by him rashly and negligently so as to endanger human life along the wrong side of the road at Convent Square, Alappuzha, due to the said rashness and negligence, the car hit on a scooter that came from the opposite side on the correct side of the road, and the driver of the scooter, died. The Police registered the crime on the basis of the First Information Statement given by an eye witness, and after investigation, the Police submitted final report in court.

(2.) The accused pleaded not guilty when the substance of the accusation was read over and explained to him by the learned Magistrate. The prosecution examined twelve witnesses and proved Exts.P1 to P13 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 250/- under Sections 279 and 337 IPC, and to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- under Section 304A IPC.