ILLATH PARAMBIL RAVI 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. 15 of 1988 of the Judicial First Class Magistrate Court-I, Perinthalmanna. He faced prosecution on the allegation that at about 5.15 p.m. on 23.11.1987, he drove the bus No. KLH 6480 rashly and negligently so as to endanger human life along the Perinthalmanna-Malappuram road, the bus hit down a cyclist by name Sunil Kumar, and in the said accident, Sunil Kumar sustained fatal injuries to which he succumbed on the way to the hospital. The Police registered the crime on the First Information Statement given by one Abdul Azeez, who claimed to have witnessed the accident. 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 eight witnesses, and proved Exts.P1 to P8 document. The MO1 series properties were also identified during trial.

(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 due to the carelessness on the part of the cyclist, who came to the centre of the road unnecessarily. The accused did not adduce any evidence in defence.