SANKARAN NAIR
ABRAHAM VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
1. Petitioner was found guilty of offences punishable under S.279, S.337, S.304(A) IPC and S.117 of the Motor Vehicles Act. Charge was that he drove car K.L.K. 9898 in a rash and negligent manner, in a state of high intoxication along the Samkhumukham Seelantimukku road and rammed into the rear of a parked lorry K.L.A. 501 at or about 10.30 P.M. on 24-7-1981. Two persons in the front seat of the car died, and petitioner sustained injuries. The lorry was parked in front of the shop of PW2. PWs.1 to 5 saw the occurrence, and everyone of these witnesses identified petitioner as the driver. PW-1 sitting in his brother's shop, saw the car hit the lorry which was parked in front of the shop. He would say that petitioner was in the driver's seat and was heavily drunk. PW2 states that petitioner was in the driver's teat and that two youngsters were inside the car. PWs. 3 & 4 also deposed that the petitioner was the driver, PW5 clearly stated that petitioner who was the driver tried to open the door, that he could not, and that the witness and others got him out.
2. Learned counsel for petitioner submitted that petitioner was the only person alive, and that the police therefore m
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