SALIM KUMAR @ SALIAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 482 Cr.P.C.

(2.) Petitioner is the accused in C.P.No.25 of 2017 on the file of the Judicial First Class Magistrate Court, Ettumanoor. He is charged with having committed the offence under Section 307 IPC. On 16.2.2013 the second respondent sustained injuries when a car of which the petitioner was the driver knocked him down. The police registered Crime No.431 of 2013 at Kidangoor Police Station for the offences under Sections 229 , 337 and 338 IPC. The petitioner pleaded guilty and he was convicted of the said offences. He was sentenced to pay fine. The second respondent filed O.P(M.V) No.654 of 2013 on the file of the Motor Accidents Claims Tribunal, Pala for compensation. The Insurance Company, which is the third additional respondent in this Crl. M.C, raised a contention that it was not on an accident, but a deliberate attempt to cause the death of the second respondent. The Tribunal allowed the Original Petition awarding certain amount to the second respondent as compensation. This is being challenged in an appeal. On the application filed by the additional third respondent insurance company the State Police Chief directed further investigation. The investigating officer concerned conducted further investigation after obtaining permission from the court below. Now final report has been filed to the effect that the occurrence was not an accident but a deliberate one and the petitioner has committed the offence under Section 307 IPC. The final report is being challenged.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.