The court upheld the conviction for causing death and injuries due to negligent driving, confirming that evidence established the accused's rash conduct while driving a bus.

JUDGMENT :

(A. BADHARUDEEN, J.)

The sole accused in S.C. No.557/2007 on the files of the Additional Sessions Court (Fast Track Court-I), Thiruvananthapuram, has filed this appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 , challenging the conviction and sentence imposed against him by the Additional Sessions Judge as per the judgment dated 19.12.2011, finding him guilty for the offences punishable under Section s 337 , 338, 304A of the IPC as well as under Section 3 read with 181 of the Motor Vehicles Act, 1988 [hereinafter referred as ‘ MV Act ’ for short]. The State of Kerala, represented by the Public Prosecutor is arrayed as the sole respondent herein.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge and the records of the trial court.

3. Parties in this appeal shall be referred as ‘prosecution’ and ‘accused’, hereafter.

4. The prosecution case in brief:- The allegation of the prosecution is that, at about 01.00 p.m. on 02.12.2005, without having a valid driving licence, the accused herein driven the KSRTC bus bearing registration No.KL-15-3434 in a rash and negligent manner along Vellayambalam – R.R. Lamp Road, with knowledge that the said driving would likely to cause death of human beings and with said knowledge he dashed the bus against a motorcycle bearing registration No.KL-01-N-861 ridden by one Jayakumar. In consequence to the occurrence, Jayakumar, the rider of the motorcycle died and the pillion rider sustained multiple injuries. On the said premise, initially, crime was registered alleging commission of offences punishable under Sections 337 , 338 and 304 of the IPC as well as under Section 3 read with 181 of the MV Act , by the accused. After completing investigation, Final Report was filed alleging commission of the said offences by the accused.

5. When the case was committed to the Court of Sessions, Thiruvananthapuram by the Judicial First Class Magistrate Court-I, the same was made over to the Additional Sessions Court, Thiruvananthapuram and the learned Additional Sessions Judge framed charge for above said offences and tried the case.

6. During trial, PWs 1 to 16 were examined, Exts.P1 to 17 and MO1 series were marked on the side of the prosecution. During cross-examination of prosecution witnesses, Exts.D1 to D4 contradictions were marked on the side of the accused. Even though, the accused was given opportunity to adduce defence evidence after questioning him under Section 313 (1)(b) of Cr.P.C , he did not opt to adduce any defence evidence.

7. The trial court analyzed the evidence in detail and relying on the evidence given by PW3, the pillion rider of the motorcycle, PW4 and PW5 independent witnesses, who spoke about the occurrence as well as negligence on the part of the accused, found that the accused is guilty for the offences punishable under Sections 337 , 338, 304A of the IPC as well as under Section 3 read with 181 of the MV Act . Accordingly, the trial court convicted and sentenced the accused as under:

“In the result, I sentenced the accused to undergo Rigorous Imprisonment for 3 (three) months and to pay a fine of Rs.500/-(Rupees Five hundred only) u/s. 337 IPC , Rigorous Imprisonment for 1 (one) year and to pay a fine of Rs 1,000/- (Rupees One thousand only) u/