HAMZA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) of the Indian Penal Code in C.C. No. 140 of 2000 of the Judicial First Class Magistrate Court, Tirur. He faced prosecution on the allegation that at about 11.00 a.m. on 17.01.1999, he drove the jeep No. KL-10B/8075 rashly and negligently so as to endanger human life, along the Tirur-Puthiyangadi public road, the said jeep hit down a small child aged 5 years at the place called Police Lane on the said road, and due to the fatal injuries sustained in the accident, the said child died on the spot. The police registered the crime on the First Information Statement given by one Unnikrishnan who witnessed the accident, and after investigation, the police submitted final report in court.

(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 8 witnesses, and proved Exts. P1 to P5 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 unfortunate accident occurred only because the small child ran across the road. The accused examined a witness on his side in defence as DW1.