SKARIA VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 , 337 and 338 I.P.C in C.C No.373/1994 of the Judicial First Class Magistrate Court, Ranny. He faced prosecution in the court below on the allegation that at about 6.15 p.m on 29.6.1994, he drove the Bus No.KRB-565 rashly and negligently along the Puthukada-Chittar public road, the said bus capsized due to his rashness and over speed, and in the said accident, many passengers sustained simple injuries, and one of the passengers sustained a grievous injury. The Police registered the crime on the first information statement given by one of the injured, and after investigation, 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 28 witnesses in the trial court, and proved Exts.P1 to P55 documents.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any oral evidence, but Exts.D1 to D3 were marked on his side.