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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
M.K.BALAN – Appellant
Versus
C.I. OF POLICE CITY TRAFFIC STATION, KOZHIKODE CITY – Respondent
| Table of Content |
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| 1. conviction for cause of fatal accident supported by witness testimony. (Para 1 , 2 , 3) |
| 2. evaluated evidence led to a confirmed guilt for offences under relevant ipc sections. (Para 4 , 5) |
| 3. the court examined testimonies regarding the accident’s circumstances. (Para 6) |
ORDER
The concurrent findings of the conviction and sentence awarded by the Chief Judicial Magistrate, Kozhikode, and the Additional Sessions Court, Fast Track (Adhoc-I), Kozhikode, for the offences under Sections 279 and 304A of the Indian Penal Code , 1860, and the suspension of driving licence of the petitioner invoking Section 22 (3) of the Motor Vehicles Act , are under challenge in this revision.
2. The prosecution case is that on 19.11.1999, at about 10.30 am, the petitioner drove a private bus along the Kozhikode-Kallayi Road, in a rash and negligent manner likely to endanger human life, and caused the above vehicle to hit a lady by name ‘Thirumala’, while she was walking by the side of the same road in the opposite direction, resulting in serious injuries which eventually led to her death on 11.12.1999. Thus, the petitioner is alleged to have committed the aforesaid offences.
3. In the
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