THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 338 and 304A IPC in C.C.No.186 of 1985 of the Chief Judicial Magistrate's Court, Kottayam.

(2.) He faced prosecution in the court below on the allegation that at about 3.00 p.m. on 08.05.1985, he drove the Jeep No.K.R.K.8354 rashly and negligently, so as to endanger to human life, along the Manarcadu-Kidangoor public road, the said jeep hit behind the bus No.K.R.K.9195 stopped at the Amayannoor junction for alighting passengers, and in the said accident, one of the passengers in jeep sustained fatal injuries, to which he succumbed at the hospital, and the other passengers sustained simple and grievous injuries. The police registered the crime on the First Information Statement given by one of the passengers who sustained grievous injuries.

(3.) 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 15 witnesses, and proved Exts.P1 to P11 documents. When examined under Section 313 Cr.P.C., 1973 the accused denied the incriminating circumstances, and projected a defence that the accident occurred only because the bus driver suddenly stopped the bus without giving any signal. He also projected another defence that the accident occurred due to loss of control when a person suddenly ran across the road from east to west at the place of accident. In defence, the accused examined a witness as DW1. On an appreciation of the evidence, the trial court found the accused guilty under Sections 279, 338 and 304A IPC. On conviction, he was sentenced to undergo rigorous imprisonment for two years under Section 304A IPC, and rigorous imprisonment for three months under Section 279 IPC. No separate sentence was imposed under Section 338 IPC.