IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
RAJEEV S/O DAMODHARAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. court's final conclusion overturning the conviction. (Para 1) |
| 2. nature of the accident and prior findings. (Para 2 , 3) |
| 3. evidence suggesting negligence was not on the part of the petitioner. (Para 4 , 5 , 6) |
ORDER
Aggrieved by the concurrent findings of Judicial First Class Magistrate Court-I, Perambra, and the Additional Sessions Court (Adhoc II), Kozhikode, convicting and sentencing the petitioner for the commission of offences under Sections 279 , 337 and 304A IPC , the petitioner is here before this Court with this revision.
2. The prosecution case is that on 03.06.2001 at about 8.30 am, the petitioner drove a mini lorry along the Perambra-Ulliyeri Public road in a rash and negligent manner, likely to endanger human life, and caused the above vehicle to hit a jeep which entered into that road from a petrol pump by the side of it, resulting in the swerving of the lorry to the right side and hitting a person standing by the opposite side of the road, leading to his death.
3. Before the Trial Court, the prosecution examined 11 witnesses as PW1 to PW11 and brought on record 9 documents as Exts.P1 to P9. One contradiction in the prior statement of PW1 to the polic
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