RAVEENDRAN PILLAI Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) IPC and under Sections 134(a) and (b) of the Motor Vehicles Act in C.C. No.180/1998 of the Judicial First Class Magistrate Court-II, Kottarakara. He faced prosecution in the court below on the allegation that at about 5.30 p.m. on 27.2.1996, he drove the lorry No.KL- 7H/3038 rashly and negligently along the M.C.Road, at Valakom Junction the lorry hit down a cyclist, and the cyclist, who sustained severe injuries succumbed to the injuries at the hospital, while undergoing treatment. The police registered the crime on the F.I.Statement given by a person of the locality, who witnessed the accident, and submitted final report in court after investigation. The further allegation against the accused is that he did not care to provide necessary medical aid to the injured, and left the scene without stopping the vehicle. The accused appeared before the learned Magistrate and pleaded not guilty, when the substance of the accusation was read over and explained to him.

(2.) The prosecution examined 13 witnesses and proved Exts.P1 to P15 documents in the trial court. The MO1 and MO2 properties were also identified. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence that the accident occurred due to the careless and negligence on the part of the cyclist. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- under Section 279 IPC, to undergo simple imprisonment for two years and to pay a fine of Rs.5,000/- under Section 304(A) IPC, and to pay a fine of Rs.100/- each under Sections 134(a) and (b) of the Motor Vehicles Act.