MATHUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279, 337, 338 and 304(A) I.P.C in C.C 155/1999 of the Chief Judicial Magistrate Court, Thrissur. He faced prosecution on the allegation that at about 6 a.m on 7.6.1998, he drove the Bus No.KRR/817 rashly and negligently so as to endanger human life from north to south along the public road at Thrissur in front of the St.Joseph's Convent at the Kattukaran Junction, the bus hit on a car that came from the opposite side with passengers, resulting in a major accident, and in the said incident, four passengers and the driver of the car died, and two passengers sustained grievous injuries. The Police registered the crime on the first information statement given a local resident, who witnessed the accident. During investigation, the revision petitioner was arrested as the driver of the bus who caused the accident, on the basis of materials including the statements given by the person in-charge of the bus. 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 16 witnesses in the trial court, and proved Exts.P1 to P20 documents. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence that the bus was not in fact driven by him at the time of the accident. 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 one year and to pay a fine of 2500/- under Section 304A I.P.C, to pay a fine of 1000/- each under Sections 279 and 338 I.P.C, and to pay a fine of 500/- under Section 337 I.P.C by judgment dated 30.6.2004. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Thrissur with Crl.A 281/200 In appeal, the learned III Additional Sessions Judge (Adhoc-I) , Thrissur confirmed the conviction and sentence, and accordingly dismissed the appeal by judgment dated 30.6.2004. Now the accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.