SUDHAKARAN S/O SATHYADEVAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was tried by Judicial First Class Magistrate-I, Palakkad in C.C. No. 189/2007 for the offences under Sections 279, 337 and 338 of Indian Penal Code. Prosecution case was that on 16.11.2006 at about 10.30 p.m., petitioner drove tourist bus KL- 25/369 in a rash and negligent manner so as to endanger human live through Thrissur-Palakkad National Highway and when reached at Kuppukad in Kuzhalmannam Panchayat, the bus hit against motor cycle KL-9/K 5294, driven by Sajithchandran and caused grievous hurt to his head and right thigh and petitioner thereby committed the offences under Sections 279, 337 and 338 of Indian Penal Code.

(2.) As is clear from Annexure-I judgment, when particulars of the offences were read over and explained to the petitioner, he pleaded guilty and recording that pleading guilty was voluntary and with the knowledge of the consequences, learned Magistrate convicted him for the offences under Sections 279, 337 and 338 of Indian Penal Code and sentenced to imprisonment till rising of court and a compensation of Rs. 3,500/- to the injured under Section 357(3) of Code of Criminal Procedure.

(3.) The injured was, in fact, originally discharged from the hospital on 31.3.2007. Annexure-I conviction was on 11.10.2007. Later, the injuries got aggravated and he was again admitted in the hospital and died from the hospital on 14.12.2007. Police, thereafter, laid Annexure-III final report for the offences under Sections 279 and 304A of Indian Penal Code, which was taken cognizance by the learned Magistrate. According to the prosecution, the injured Sajithchandran died consequent to the injuries sustained in the accident and therefore, petitioner also committed the offence under Section 304A of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings, taken cognizance under Annexure-III final report, contending that in view of Section 300 of Code of Criminal Procedure, petitioner cannot be prosecuted again for the offences in respect of the same incident. It is contended that petitioner had pleaded guilty, as the offences were only under Sections 279, 337 and 338 of Indian Penal Code and if he is to be prosecuted for the offence under Section 304A of Indian Penal Code, it will prejudice the petitioner, as he had already pleaded guilty.