ORDER :

1. Leave granted.

2. Heard Mr. P.A. Noor Muhamed, learned counsel appearing for the appellant. The State of Kerala is represented by Mr. Harshad V. Hameed, learned counsel.

3. The appellant stands convicted of the offences punishable under Sections 279, 337, 338 and 304(A) of the Indian Penal Code, 1860 (for short the “IPC”) in connection with a road accident which took place at around 9:00 p.m. on 07.08.2007. The allegation against the accused was that he drove the mini Lorry in a rash and negligent manner and the mini Lorry hit against the motorcycle coming from the opposite direction. The pillion rider Santhosh Kumar fell down from the impact, sustained grievous injuries and died. The Lorry also hit a pedestrian walking on the road.

4. The Judicial First Class Magistrate-I, Alappuzha on the basis of evidence adduced before the Court convicted the mini Lorry driver and sentenced him in the following way:

“In the result, accused is sentenced to undergo simple imprisonment for 3 months u/s. 279 IPC and to pay fine of Rs. 500/- in default of payment of fine he shall undergo simple imprisonment for 5 days. He is sentenced to undergo simple imprisonment for 3 months u/s. 337 IPC