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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
SREEJITH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused's liability based on statutory offence definitions. (Para 1 , 2 , 3) |
| 2. assessment of evidentiary reliability by the courts. (Para 4 , 5) |
| 3. court's stance on identification and accountability. (Para 6 , 8) |
| 4. modification of sentences considering the petitioner's circumstances. (Para 9) |
O R D E R
The petitioner is the accused in C.C. No.4715/2014 on the files of the Judicial First Class Magistrate Court, Irinjalakuda (for short ‘the trial court’). He faced trial for the offences punishable under Section s 279 , 337, 338 & 304A of IPC and Section s 185 , 3(1) read with Section 181 of the Motor Vehicles Act (for short, the MV Act).
2. The prosecution allegation in short is that the petitioner drove a motor cycle bearing registration No. KL-45-J-8252 through Edathirinji – Valavanangadi road from south to north in a rash and negligent manner on 14.03.2014 at about 6.30 p.m. and when he reached near Priya Hotel situated at Padiyoor, his motor cycle hit a bicycle which came from the opposite direction, causing serious injury to the rider of the bicycle aged 14 years, who succumbed to the injuries on 16.03.2014 at the hospital.
3. After trial, the trial court found
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