IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 23^RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA, 1945 CRL.A NO. 54 OF 2011 AGAINST THE ORDER/JUDGMENT SC 777/2009 OF ADDITIONAL SESSIONS JUDGE (FAST TRACK-II), ALAPPUZHA APPELLANT/S:

SHYAMKUMAR, S/O. SASIDHARAN, AGED 29 YEARS VALIYAVELI VEEDU, WARD NO.13,, PALLIPPURAM PANCHAYATH, ALAPPUZHA.

BY ADVS.

RADHIKA RAJASEKHARAN P V.N.ANIL KUMAR(K/000246/1985)

J.AMULYA(K/336/2010)

RAGINI P.(K/294/1987)

ANANTHAN ANILKUMAR(K/1469/2018)

RESPONDENT/S:

STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.

SMT.M.K.PUSHPALATHA, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON

23.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S DIAS,J.

---------------------------

Crl.A No.54 of 2011 -----------------------------

Dated this the 23rd day of November, 2023

JUDGMENT

The appeal is filed questioning the correctness and legality of the judgment in SC No.777/2009 of the Court of the Additional Sessions Judge (Fast Track-II), Alappuzha, holding the appellant guilty and convicting him for the offences punishable under Secs.304 and 308 of the Indian Penal Code ('IPC' in short) and Section 4 (1A) read with Section 21(1) of the Kerala Mines and Minerals (Development and Regulation) Act ('MMDR Act' in short). The appellant was the sole accused in the above case.

The Prosecution case in brief:

2. The prosecution case is that, on 2.4.2008 at about 8.15 a.m, the accused drove a Tipper Lorry bearing Reg.No.KL32/9930 with silica sand, without any permit or licence and after disconnecting the speed governor, in a rash and negligent manner along the road leading to Pallippuram L.P. School and entered into the Thavanakkadavu – Ottappunna road and the left side of the lorry hit on the left side of a motorcycle bearing Reg.No.KL04/H 6826 ridden by PW3 – the defacto complainant and PW3 lost control of the motorcycle and he and the pillion rider named Sajeev (deceased) fell on the ground and sustained grievous injuries. PW3 was taken to the Taluk Hospital and the deceased was taken to the KVM Hospital, Cherthala. Sajeev succumbed to the injuries.

2.1. Immediately after the incident, PW19 proceeded to the Taluk Hospital and recorded Ext.P1 FIS of PW3. On the basis of the statement, the Sub Inspector of Police (PW10) registered Crime No.237/2008 under Sections 279, 337 and 304 of the IPC and Section 134 (a) of the Motor Vehicles Act ( in short, M.V Act’) and prepared Ext.P12 FIR against the accused.

2.2. PW21 - the Investigating Officer – after visiting the scene of occurrence and preparing Ext.P2 scene mahazar, sent Ext.P13 series report to the jurisdictional Magistrate deleting Sections 279 and 337 of the IPC and Section 134(a) of the M.V Act and adding Sec.308 of the IPC and Sec.4(1A) of the MMDR Act. Thus, the accused was alleged to have committed the offences under Secs.304 and 308 of the IPC and Sec.4(1A) read with Sec.21(1) of the MMDR Act.

3. The accused appeared before the court below and denied the substance of accusations read over to him.

4. In the trial, the prosecution examined PWs 1 to PW21, who proved Exts.P1 to P22 in evidence. The accused denied the incriminating circumstances appearing against him in the questioning under Section 313 of the Code of Criminal Procedure. The accused examined DW1 as his defence witness.

5. The Trial Court, after analysing the materials on record, found the accused guilty and convicted him for the above offences, and sentenced him to undergo simple imprisonment for a period of three years for the offence under Sec.304 of the IPC, simple imprisonment for two years for the offence under Sec.308 IPC and simple imprisonment for one year for the offence under Section 4(1A) r/w Section 21(1) of the MMDR Act. The sentences were directed to run concurrently.

6. Aggrieved by the said judgment; the appeal is filed.

7. Heard; Sri. V.N.Anil Kumar, the learned counsel appearing for the appellant/accu