SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Sections 279 and 304(A) of the Indian Penal Code in C.C.No. 200 of 1997 of the Judicial First Class Magistrate Court-I, Chengannur. He faced prosecution in the court below on the allegation that at about 8.45 a.m. on 28.01.1996 he drove the tempo van No. KL-4/B-302 rashly and negligently at the Kollakkadavu-Mavelikkara road junction in such a way as to endanger human life, the vehicle hit down an old lady at the road junction due to the said rashness and negligence, and she died within no time due to the fatal injury sustained in the accident. The Police registered the crime on the First Information Statement given by the granddaughter of the deceased lady. 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 11 witnesses, and proved Exts.P1 to P8 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.