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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
RAHUL RADHAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
The key point of this legal document is that the revision petition filed by Rahul Radhakrishnan challenging the conviction and sentence for rash and negligent driving, which resulted in the death of a pedestrian, has been dismissed by the court. The court found that the evidence supported the conclusion that the accused's rash and negligent driving caused the accident, and there was no legal basis to interfere with the findings of the lower courts. The court emphasized that revisional jurisdiction is supervisory and does not permit re-evaluation of evidence unless there is a clear injustice or legal violation. Consequently, the court upheld the original conviction and sentence.
ORDER
This revision petition is filed against the judgment in Crl. Appeal
264 of 2018 of the learned Additional District & Sessions Judge Muvattupuzha. The revision petitioner is the accused and as per the impugned judgment, the appellate court confirmed the conviction and sentence against the revision petitioner for the offences under Sections 279 , 304A of IPC and Section 3 (1) r/w 181 and 146 r/w 196 of the Motor Vehicles Act .
2. As per the prosecution case, on 10.08.2014 at 7.30 p.m., the motorcycle ridden by the accused in a rash and negligent manner caused to hit the wife of PW2 and on 11.08.2014, she succumbed to her injuries while undergoing treatment in the hospital.
3. For the offence under Section 304A of IPC , the accused is sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month. For the offence under Section 279 , the accused is sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month. He is also sentenced to pay a fine of Rs
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