JUDGMENT :

The appellant challenges his conviction and sentence for an offence under Section 304A of the Indian Penal Code, 1860 (IPC) in this appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (Code). He was tried for an offence under Section 304 of the IPC by the I Additional Sessions Judge, Ernakulam. He was convicted for the offence under Section 304A of the IPC.

2. The Circle Inspector of Police, City Traffic (West) Police Station, Ernakulam filed final report in Crime No.9735 of 2014 of the said police station with the following allegations: At about 12.50 p.m. on 08.11.2014 the appellant drove the bus bearing Reg.No.KL-02-AE-6673 along Ernakulam Paramara Road from north to south and while negotiating the bus to enter the Banerji Road, it hit against the handrails separating the footpath from the road. Body part of the bus tore off and that hit against Sri.Velayudhan, who was waiting on the road side. He got entangled under the bus and suffered serious injuries. He succumbed to the injuries. Alleging that the appellant drove the bus with the knowledge that he was likely by such act to cause death of passengers or pedestrians, he was charged for the offenc