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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SUDHEESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. court affirms lower courts' conviction for negligent driving leading to death. (Para 1 , 2 , 3) |
| 2. the sufficiency of evidence regarding postmortem certificate without the examining doctor is upheld. (Para 4 , 6 , 7) |
| 3. the reliance on eyewitnesses supports concurrent findings of negligence. (Para 5) |
| 4. sentence commuted based on the time elapsed since the incident and the request for leniency. (Para 8) |
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 witn
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