MARTIN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 378 of the Code of Criminal Procedure assailing conviction and sentence imposed under Sec. 304 Part II r/w 34 of I.P.C against the appellants in S.C.No.187/2004 on the file of the Additional Sessions Judge-II, Thodupuzha as per judgment dtd. 20/8/2007. The respondent herein is the State of Kerala.

(2.) Heard Smt.Santhi Prem, the learned counsel appearing for the appellants as well as the learned Public Prosecutor appearing for the State of Kerala.

(3.) The prosecution case: The prosecution case is that accused No.1, who had deformity on his left wrist and who did not have proper and valid driving licence, had driven bus by name Chackochi, bearing Reg.No.KL-8A 6789, from Mamalakkandam to Kothamangalam on 29/12/2002 with the knowledge that if he drives the vehicle, the same would likely to cause an accident and fatal consequences. It is alleged further that when the above bus driven by the 1st accused reached at Second Mile, Neriyamangalam-Munnar National Highway, at 7.45 a.m, the bus hit on a culvert on the right side of the road and fell to the depth (swire) on the other side of the road, thereby 5 persons travelled in the bus died and 63 passengers were seriously injured. The prosecution allegation further is that the 2nd accused, who is the brother of the 1st accused and the owner of the bus, authorised the 1st accused, who is having disability and deformity on his left hand, to move the same freely and who did not have driving licence to drive a heavy vehicle, with the knowledge that authorising such a person to drive the vehicle would likely to cause accident and fatal consequences. Thus prosecution case is that both the accused with common intention, committed offence under Sec. 304 Part II r/w 34 of I.P.C.