VERGHES CHERIYAN Vs. SIRKAR PROSECUTOR

JUDGEMENT

(1.) THIS appeal is filed by the accused in sessions Case no. 13 of 1124 on the file of the Alleppey Sessions Court. He was-driving a motor car registered as C. S no. 2556' on the night of 10-7-1122 along the Aroor-Alleppey road and at about 8-Bo P. M. the oar ran over one Sridharan pillai who died as a result of the injuries sustained by him. He was, therefore, charged with the offences of having driven1 a motor vehicle on a public way rashly and negligently so as to endanger human life and of having oaused the death of Sridharan Pillai by his rash and negligent act of driving. These arand offences falling under S3. 377 and 304, Travancore Penal Code. The appellant was found guilty under both the sections and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 50. This appeal is filed against the said conviction and sentence.

(2.) THE oar was proceeding north to south on a straight road and Sridharan Pillai was coming in the opposite direction. There was not on the road at that time any other vehicle or pedestrian. The driver saw him first at a distance of about one furlong and at the sound of the horn he moved to his right on the extreme eastern edge of the road. The car was keeping to the correct side close to the eastern extremity of the road leaving only a space of about one and a half feet of the road on the eastern side. The space on the eastern side was an open lawn on the same level as the road. When the car approached the mun at a distance of about ten feet, he out across to the western side of the road and dashed against the head light and the-bumper on the left side of the oar and was run over by the car. He sustained as many as eleven injuries. Both the legs on the lower part were fractured. There was a very serious fracture of the skull. He was taken to Alleppey in the same oar, but ho died on the way before the oar reached the hospital. The accused then proceeded to the Police Station to make a report of the occurrence and his statement Ex. J was recorded by the Police at about 11-16 p. m. On the next day the inquest was held over the dear} body and Ex. A is the report. P. W. 3 the medical officer conducted the autopsy and he issued Ex. F post-mortem certificate describing the internal and external injuries on Sridharan Pilial.

(3.) THE accused at the trial pleaded not guilty and stated that he had no reason to expect that Sridharan Pillii who was keeping to the extreme edge of the road for about a furlong after he was first seen on the road, would suddenly and so close to the oar, at a distance of about eight feet, attempt to cross to the western Bide of the road and that the running over was purely an accident which he could not possibly have avoided. This plea of the accused wag substantially supported by the version of the persons who were inside the car at the time of this occurrence and who were examined as prosecution witnesses Nos. 5, 9 and 10. The learned Sessions Judge believed these witnesses and recorded the following findings: (1) The accused was driving the car at about 20 to 22 miles par hour at the time of the occurrence; (2) The accused was then driving it along the eastern side of the road about 1 to 1 $ feet removed to the west from the eastern extremity of the road; (3) Sridharan Pillai was first sighted by the accused at 1 1/2 furlongs distance from the car, proceeding north from south along the centre of the road ; (4) The accused sounded the horn and Sridharan Pillai removed to the eastern side of the road and proceeded along by that side of the road; (6) Accused continued keeping to his course hardly 1 to 1 1/2 feet removed to the west from the eastern extremity of the road and he went without slackening speed even after Sridharan Pillai was sighted. (6) There was no vehicle or passenger traffic at the time on the road, which was 16 feet wide, (7) The deceased Sridharan Pillai unexpectedly cut across the track just when the oar was about 10 feet away from him and was knocked down and run over.