STATE OF KERALA Vs. GOPALAN NAIR

JUDGEMENT

(1.) RESPONDENT was convicted by the Magistrate for offences punishable under S.279 and 337 I. P. C, but sentenced only under S.279 with fine of Rs. 500/-. In appeal the Chief Judicial Magistrate reversed the conviction and acquitted the respondent. State has come up in appeal.

(2.) RESPONDENT was the driver of K. S. R. T. C. bus K. L. X. 3267 which went on a trial run after repairs in the workshop on 26-6-1985 at 3 PM from north to south through the road in front of the St. Theresa's College at Ernakulam. The case of the prosecution is that he drove the bus in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to pedestrians and vehicular traffic and. caused it to hit against PW. 7 who was walking in the same direction through the western side of the road and knocked him down causing injuries to him. The bus also hit against a tree causing injuries to PWs. 1, 2 and 8 who were travelling in the bus. These consequences are said to be the result of the rashness and negligence with which the respondent overtook a bus parked on the eastern side for alighting passengers overlooking a car coming from the opposite direction and pedestrians on the road. The defence was that the accident was beyond his control on account of brake failure.

(3.) THE version given by the respondent when questioned under S.313 is that a private bus was parked for alighting passengers and cars were coming from both directions. There was a big crowd of pedestrians also in the road. On seeing this sight he applied brake, but the brake J pedal completely went down. Seeing no other go, he swerved the bus and caused it to stop by hitting against a tree.