BABU K G Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 337 and 338 IPC in C.C.No.426 of 2001 of the Judicial First Class Magistrate Court-II, Perambra. The prosecution case is that at about 2.30 PM on 07.11.2000, he drove the mini bus No.KL.11/H-5004 along the public road at Pantheerikkara, with a rear tyre of very bad condition, the said tyre burst during transit, as a result of which, the bus capsized, and in the said accident, many passengers sustained simple and grievous injuries. The police registered the crime on the complaint made by the one of the passengers, and brought final report in court under Sections 279, 337 and 338 IPC . The accused pleaded not guilty when the substance of the accusation was read over and explained to him by the learned Magistrate. The prosecution examined twenty witnesses and proved Exts.P1 to P14 documents in the trial court. In defence, the accused examined the Motor Vehicles Inspector as DW1 and proved the Ext.D1, Inspection report issued by him.

(2.) On an appreciation of the evidence, the trial court found the accused not guilty under Sections 279 IPC, but he was found guilty under Sections 337 and 338 IPC. On conviction, he was sentenced to undergo simple imprisonment for two months under Section 338 IPC. No separate sentence was imposed under Section 337 IPC.

(3.) Aggrieved by the judgment of conviction dated 27.01.2004, the accused approached the Court of Session, Kozhikode with Crl.A.No. 110 of 2004. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.