NATHAN @ VISWANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337, 338 and 304A IPC in C.C. No. 92/1996 of the Judicial First Class Magistrate Court, Alathur. He faced prosecution on the allegation that at about 5:45 p.m. on 29.11.1995, he drove the bus No. KEH 286 rashly and negligently, so as to endanger human life, along the Alathur-Palakkad public road, the said bus went off the road and overturned, when the driver rashly and negligently attempted to overtake another vehicle, and in the said accident, some passengers sustained simple and grievous injuries, and one passenger, by name Shahul Hameed, died. The police registered the crime, on the basis of the F.I.Statement given by one of the passengers, and submitted final report after investigation. The accused appeared before the learned Magistrate, and pleaded not guilty, when the substance of the accusation was read over and explained to him.

(2.) The prosecution examined 23 witnesses, and proved Exts.P1 to P36 documents in the trial court. The accused denied the incriminating circumstances, and projected a defence that the accident in fact occurred due to mechanical defect in unavoidable circumstances. The accused 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 simple imprisonment for three months under Section 337 IPC, to undergo rigorous imprisonment for one month under Section 338 IPC, and to undergo rigorous imprisonment for six months under Section 304A IPC. No separate sentence was imposed for the offence under Section 279 IPC. Aggrieved by the judgment of conviction dated 8.5.2001, the accused approached the Court of Session, Palakkad with Crl.A. No. 221/2001. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Palakkad confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, he is before this Court in revision, challenging the legality and propriety of the conviction and sentence.