This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Sections 279 and 337 I.P.C.

2. The petitioner faces a sentence of S.I. for a period of three months and to pay a fine of Rs.1,000/- under Section 279 and a sentence of S.I. for three months and a fine of Rs.500/- for the offence under Section 337 I.P.C. The substantive sentences have been directed to run concurrently.

3. The prosecution alleged that on 13.7.1997 at about 9.15 p.m. the petitioner drove a bus/stage carriage from south towards north along the road from Ramanattukara to Kozhikode and in the process of attempting to overtake another stationary vehicle in a rash and negligent manner at an excessive speed, strayed over to the wrong side of the road and knocked down an autorikshaw, in which PWs 1 and 3 to 6 were travelling. The prosecution alleged that the accident occurred solely on account of rashness and negligence of the petitioner.

4. Investigation commenced with Ext.P1 F.I. statement lodged by PW1 and culminated with the final report submitted by PW13. The accused denied the offences alleged against him and thereupon the prosecution exami