LAKSHMANAN SUNDARAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was originally convicted by the Trial Court for offences under S.304A and 279 IPC. and sentenced to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for three months under the former count. No separate sentence was imposed under the latter count. The Sessions Judge in Crl. Appeal No. 72 of 1983 set aside the conviction and sentence and remanded the case for completion of the trial after summoning charge witnesses who were not examined and for disposal according to law. Thereafter the remaining charge witnesses were summoned and two of them who were available were examined as pws. 10 and 11. The Trial Court convicted the revision petitioner under S.304A and 279 IPC. and sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/- and in default to undergo rigorous imprisonment for three months more under the former count. No separate sentence was imposed under the latter count. Criminal Appeal No. 91 of 1986 challenging the conviction and sentence was dismissed. Thereupon the accused filed the present revision petition.

(2.) The learned single Judge who heard the revision petition referred it to a Division Bench. It was argued before the learned single Judge that the earlier remand of the case was illegal in the light of the decisions of this court in Kesavan Nair v. State of Kerala ( 1979 KLT 635 ) and Govindan v. Food Inspector ( 1982 KLT 27 ). We have heard learned counsel for the revision petitioner and the learned Additional Public Prosecutor.

(3.) Some of the material facts in the case are either undisputed or satisfactorily proved. On 24-5-1981 at about 5.00 p.m. deceased Ravikumaran Nair, an employee of the Kerala State Electricity Board, was driving car, K.R.V. 5037 belonging to the Board along the Alleppey - Ernakulam National Highway from south to north. When it reached near Kunnathu Financial Corporation building at Kurukkanchantha, lorry, T.D.S. 1069, driven by the revision petitioner came from north to south. The lorry crashed into the front right side of the car and Ravikumaran Nair sustained fatal injuries. He was taken in another car to Government Hospital, Shertallai and thereafter to Medical College Hospital, Alleppey. He was dead by 6.30 p.m. pw. 1, Chief Engineer of the Electricity Board was a passenger in the car. pw. 4 went to Kuthiathodu Police Station and gave Ext. P2 information on the basis of which case was registered against the driver of the lorry. pw. 8, C. I. of Police, investigated the case. pw. 9, S. I. of Police, held inquest over the body and prepared Ext. P7 inquest report. Post mortem was conducted by pw. 6. pw. 5, Motor Vehicle Inspector, inspected both the vehicles and submitted Exts. P3 and P4 reports. On the same day pw. 9 reported that the driver of the lorry was the revision petitioner and report was accordingly submitted to court. On the same day revision petitioner was arrested and released on bond. Lorry was also released to the owner. After completing investigation charge was laid.