ORDER

The judgment rendered by the Additional Sessions Court-II, Thodupuzha, in Crl.A.No.19/2011 confirming the conviction of the petitioner by the Judicial First Class Magistrate court, Nedumkandam, for the commission of offences under Sections 279 , 338 & 304A of the Indian Penal Code, 1860 (in short, ‘ IPC ') and awarding modified sentence for the offences under Section 338 & 304A , is under challenge in this revision petition filed by the accused in that case.

2. The prosecution case is that on 11.07.2006, at about 10:30 a.m., the petitioner drove a stage carriage in a rash and negligent manner, likely to endanger human life, along Munnar-Pooppara road, and caused the above bus to hit a motor bike driven by the victim, coming in the opposite direction, leading to fatal injuries to the victim and grievous hurt to PW5, the wife of the victim, who was travelling as pillion rider.

3. In the trial before the learned Magistrate, the prosecution examined 11 witnesses as PW1 to PW11, and marked 12 documents as Exts P1 to P12. 10 material objects were also identified and marked as MO1 to MO10. It is after the evaluation of the aforesaid evidence that the learned Magistrate found the pet