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1977 Supreme(Ker) 127

S.K.KADER
STATE OF KERALA – Appellant
Versus
VARGHESE – Respondent


Judgment :-

1. This is an appeal tiled by the State challenging an order of acquittal passed by the Judicial Magistrate of II Class. Thiruvalla, in a case where the accused-respondent was charge-sheeted for offences punishable under S.279,337 and 338 I P C. and S.89 (a) and (b) of the Motor Vehicles Act.

2. The case against the respondent was that he on January 29,1975 at about 9.30 p m. drove a taxi car KLA 4771 in a rash and negligent manner along the Thiruvalla-Kozhencherry public road and at a place near Muttuman at Pulladu dashed against pw 1 who was passing along the road as a result of which he was thrown into the field nearby and sustained injuries on his head, leg and other parts of the body The car also hit against pw 2 and he also sustained injuries On the first information statement (Ext. P1) given by pw. 1, a case was registered and on the conclusion of the investigation a charge-sheet was laid against the respondent for the offences mentioned above.

3. In support of the prosecution case, pws.1 and 2, the injured in the case, pws. 3 and 4, eye-witnesses to the occurrence, pw. 5 who reached the scene immediately after the occurrence and pw. 6 who was present at the time o




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