CHEMBLIKKAN BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No.630/1994 before the Judicial First Class Magistrate's Court, Payyannur. He was prosecuted for offences under Section 279 and 337 of the Indian Penal Code.

(2.) THE prosecution case was as follows: on 7.8.1994, at about 14.15 hours, at the place called Kakkayamchal in Pulingome-Payyannur Road, KL 13/9036 bus, driven by the petitioner, in a rash and negligent manner, hit behind bus having registration No.KRN 5888, which had stopped to alight passengers from it. Consequently, PWs 3, 5 to 7 and CW5 travelling in the buses sustained injuries. Crime was registered on the statement made by PW5. Charge sheet was laid against the petitioner for the aforesaid offences after investigation.

(3.) ACCORDING to the petitioner, the appreciation of evidence by the courts below is perverse. He submits that in the scene mahazar the position of the buses does not prove the accident as sought to be proved by the prosecution. It is also submitted that PW2, the Conductor of the petitioner's bus had given evidence to the effect that the other bus overtook the petitioner's bus and stopped in front of the petitioner's bus, which was the reason for the accident. Therefore, according to the petitioner, the accident happened because of the negligence of the other bus and not that of the petitioner.