S.JAYAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in CC No.141 of 1999 on the file of the Judicial First Class Magistrate Court, Thalassery and the appellant in Crl.Appeal No.172 of 2003 on the file of the Additional Sessions Court (Adhoc II), Thalassery for the offences punishable under Sections 279 and 304A of the Indian Penal Code.

(2.) The prosecution case in brief is that on 29.12.1998 at 4 p.m., one Sharada, while crossing the road at the bus sop near the Dharmadam railwaystation was knocked down by a Jeep bearing registration No.KL-13 C 2082, which was driven by the accused in a rash and negligent manner so as to endanger human life along the Kannur-Talassery Highway from north to south and caused serious injuries including rib fracture. As a result of the accident, Sharada succumbed to the injuries.

(3.) During the trial of the case, PWs 1 to 10 were examined and marked Exts.P1 to P7 on the prosecution side. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. However, he did not adduce any evidence.