K.V. SAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C.No. 53 of 2006 on the file of the Chief Judicial Magistrate, Thalassery. He was convicted of the offences under sections 279 and 304(A) IPC and section 3(1) r/w 181 of the Motor Vehicle Act. For the offence under section 304(A) the learned Magistrate sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 10,000/- and in default of payment of the fine to undergo simple imprisonment for two more months, and for the offence under section 3(1) r/w 181 of the Motor Vehicle Act to pay a fine of Rs. 500/- and in default of payment of the fine to undergo simple imprisonment for 15 days. No sentence was imposed for the offence under section 279 IPC. In Crl.Appeal No.357 of 2010 the conviction and the sentences were confirmed. This is challenged.

(2.) The allegation of the prosecution is that the petitioner who did not have a driving licence drove a two wheeler along the Kannur-Chakkarakal road in a rash or negligent manner, as a result of which the vehicle knocked down one Damoderan who was standing on the other side of the road causing his death.

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