O R D E R

The concurrent verdicts of the Judicial First Class Magistrate Court-I, Cherthala, and the Additional Sessions Court (Fast Track)-II, Alappuzha, convicting and sentencing the petitioner for the commission of offences under Sections 279 , 338 & 304A of the Indian Penal Code, 1860 (in short, ' IPC '), are under challenge in this revision petition.

2. The prosecution case is that the petitioner drove a tempo trax vehicle in a rash and negligent manner likely to endanger human life, at about 12:30 p.m. on 05.05.2001, through a public road, and caused the above vehicle to hit against a person by name Radhakrishnan, leading to grievous injuries which ultimately resulted in his death.

3. In the trial before the learned Magistrate, the prosecution examined nine witnesses as PW1 to PW9 and marked nine documents as Exts P1 to P9. One defence witness was examined as DW1. After an evaluation of the aforesaid evidence, the learned Magistrate found that the prosecution has successfully established the offences alleged against the petitioner. Accordingly, he was convicted and sentenced to undergo simple imprisonment for six months and fine of Rs.2,000/- under Section 304A IPC , and fine