BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304A IPC in C.C.No.205 of 2004 of the Judicial First Class Magistrate's Court-IV, Kozhikode.

(2.) He faced prosecution in the court below on the allegation that at about 7.30 a.m. on 24.04.2003, he drove the bus No.KL-L-4208 rashly and negligently along the public road at Nadakkavu, Kozhikode, the bus hit down a cyclist, and the said cyclist died within no time due to the fatal injuries sustained in the accident. The police registered the crime on the First Information Statement given by a passenger of the bus, and submitted final report in Court after investigation.

(3.) 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 nine witnesses, and proved Exts.P1 to P8 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence that the accident occurred due to the carelessness on the part of the cyclist. The accused did not adduce any evidence in defence. 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 279 IPC, and to undergo simple imprisonment for one year under Section 304A IPC. The driving license of the accused was also suspended for three months by the trial court.