VASUDEVAN, S/O.NEELAKANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, and 337 I.P.C in C.C 297/2000 of the Judicial Magistrate of the First Class Court-II, Thrissur. He faced prosecution in the court below on the allegation that at about 4.10 p.m on 12.5.2000, he drove the Bus No.KEH-1832 rashly and negligently along the Thrissur-Kanimangalam public road, the bus hit behind a lorry due to the said rashness and negligence, and in the said accident, three passengers in the bus sustained simple injuries and two passengers sustained grievous injuries. The Police brought final report after investigation under Sections 279, 337 and 338 I.P.C.

(2.) 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 eleven witnesses in the trial court, and proved Exts.P1 to P12 (a) documents. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C and he did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty under all the three sections. On conviction, he was sentenced to undergo simple imprisonment for three months each, and to pay a fine of Rs.1000/- each under Sections 279 and 338 IPC. No separate sentence was imposed under Section 337 I.P.C. Aggrieved by the judgment of conviction dated 22004, the accused approached the Court of Session, Thrissur with Crl.A.No.219/2004. In appeal, the learned III Additional Sessions Judge (Adhoc-I) , Thrissur confirmed the conviction under Sections 279 and 337 I.P.C, and found the accused not guilty under Section 338 I.P.C. Accordingly, the simple imprisonment imposed under Section 338 I.P.C was altered to one under Section 337 I.P.C, and otherwise the sentence was maintained. Now the accused is before this Court challenging the legality and propriety of the conviction and sentence.