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2026 Supreme(Online)(Ker) 1117

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
MUBARAK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.K.S.MANU (PUNUKKONNOOR), Shri.P.SREEKUMAR (SR.)
For the Respondents: THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SRI.RENJIT GEORGE, SR.GP

ORDER

The concurrent findings of the Judicial First Class Magistrate Court-III, Punalur, and the Additional Sessions Court-II, Kollam, convicting the petitioner for the commission of offences under Sections 279 ,338 and 304A IPC and sentencing him to Rigorous Imprisonment for 6 months and fine Rs.1,000/- under Section 279 , and Rigorous Imprisonment for one year and fine 5,000/- under Section 304A , are under challenge in this revision filed at the instance of the accused in the said case.

2. The prosecution case is that on 21.04.1995, at about 8.15 am, the petitioner/accused drove a Jeep in a rash and negligent manner, likely to endanger the human life, on a public road and caused the said vehicle to hit against a Motor Cycle, which the deceased persons were riding in the opposite direction, resulting in fatal injuries leading to the death of the riders of that Motor Cycle.

3. Before the Trial Court, 16 witnesses were examined as PW1 to PW16, and 13 documents were marked as Exts.P1 to P13 from the part of the prosecution.

4. After an evaluation of the aforesaid evidence, the learned Magistrate arrived at a finding that the prosecution has successfully established the commission o

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