P. JAYAPRAKASH Vs. STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 304(A) of the Indian Penal Code in C.C.No. 45 of 2002 of the Chief Judicial Magistrate Court, Kasaragod. He faced prosecution on the allegation that at about 9.30 a.m. on 30.11.1993, he drove the tempo van No. KL-14-5927 rashly and negligently at the house compound of one Muhammed Haji, while reversing the vehicle, and in the said process, the vehicle happened to hit down a girl aged 12 years. The girl was run over by the van, and the girl succumbed to the fatal injuries sustained in the accident. The Police registered the crime on the First Information Statement given by a neighbour lady, who witnessed the accident. After investigation, the Police submitted final report In court under Sections 279 and 304(A) IPC.

(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, and proved Exts.P1 to P8 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973 and projected a defence that the girl happened to be hit down quite accidentally when the girl and her friends carelessly came behind the tempo van. The accused did not adduce any evidence in defence.