JUDGMENT

This appeal is at the instance of the sole accused in S.C No. 397/2006 on the file of III^rd Additional Sessions Judge (Adhoc), Fast Track Court No.1, Thrissur, challenging his conviction and sentence under section 304(A) and 429 of IPC , as per judgment dated 03.08.2007.

2. The prosecution allegation is that on 03.05.2001, at 4 a.m., the accused drove Reg.No.KL.8F.1555, stage carriage through Thirssur-Kunnamkulam Public road, in a rash and negligent manner endangering human life, from south towards north and near the chapel Mundoor it hit against the back side of an elephant which as walking in front, causing serious injuries and thereafter the bus rammed into a tree standing by the road side. CWs 2 to 10, who were passengers in the bus and CWs 11 and 12 -the mahouts of the elephant got injured. A five year old boy named Sinil, who was also the traveling in that bus, sustained serious injuries to which he succumbed. The accused drove the