- (1.)This Revision Petition has been filed under Ss. 397 r/w 401 of the Code of Criminal Procedure ('Cr.P.C' hereinafter) and the revision petitioner is the sole accused in C.C.No.473/2010 on the files of the Judicial First Class Magistrate Court-II, Mananthavadi. Respondent herein is the State of Kerala. The revision petitioner impugns judgment in C.C.No.473/2010 dtd. 13/3/2014 rendered by the Judicial First Class Magistrate Court-II, Mananthavadi as well as the judgment in Crl.Appeal No.43/2014 dtd. 27/11/2015 on the files of the Additional Sessions Court, Mananthavadi arising therefrom.
(2.)Heard the learned counsel for the revision petitioner/accused and the learned Public Prosecutor appearing for the State.
(3.)The prosecution case runs as under:
The case of the prosecution is that at about 6.45 p.m on 14/4/2010, the defacto complainant, who travelled as pillion rider, on a motor bike bearing Registration No.KA 01 E G 4310 ridden by one Ratheesh, met with an accident. The specific case is that, when they reached at Kuzhinilam, an autorickshaw bearing Registration No.KL12A 3452 came from the opposite direction after overtaking another autorickshaw in a rash and negligent manner so as to endanger human life, through Thalappuzha - Peruva Public Road, knocked down the defacto complainant and Ratheesh. In this occurrence Ratheesh died and the defacto complainant sustained injuries. On this premise, crime was registered alleging commission of offence punishable under Sec. 279 and 304A of the Indian Penal Code ('IPC' for short hereafter) as well as under Sec. 3(1) r/w Sec. 181 of the Motor Vehicles Act, 1988 ('M.V Act' for short hereafter) and later on investigation, final report also was filed in this regard.