MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the contradicted portions of first information statement be used as 'evidence' to convict a person Can contents of scene mahazar be treated as evidence, to prove any of the (sic)facts stated therein What is meant by 'evidence' On a mere marking of first information statement or scene mahazar through the maker, can the contents be treated as 'evidence' These important questions arise in this case for consideration in this revision Revision petitioner stands convicted and sentenced for offences under Sections 279 and 304A of Indian Penal Code ('IPC for short) by Magistrate Court and the said conviction and sentence were confirmed by Sessions Court. He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for one month, for the offence under Section 279 IPC and rigorous imprisonment for one year and to pay a fine of Rs. 2000/- and in default to undergo rigorous imprisonment for three months for offence under Sections 304(A) IPC. This revision is filed against such conviction and sentence.

(2.) Facts briefly: On 06/11/1992 at about 11.45 a.m, petitioner was driving a bus in a rash and negligent manner so as to endanger human life along the K.K. road from east to west and when the bus reached near St. Mary's Chappel, petitioner swerved the bus abruptly towards wrong side and knocked down deceased Sri. Thomas, who was standing on the northern tarred end of the road. The deceased was thrown off to the road and left rear wheel ran over his body, by causing fatal crush injuries. He succumbed to the injuries, while he was on the way to the Medical College Hospital.

(3.) The prosecution examined PWs 1 to 16 and marked Exts. P1 to P16. The accused denied his involvement in the offence and stated that he was not a driver at the time of accident. All occurrence witnesses turned hostile. Hence, both the Courts below placed reliance upon the contents of the scene mahazar, Ext, P9 and also the portions of the first information statement which are controverted by first informant, to enter a conviction against accused, deferring to the contents of the scene mahazar, learned Sessions Judge held thus: