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2026 Supreme(Online)(Ker) 26390

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.Girish, J
Aneesh – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.A.JOHNSON (VARIKKAPPALLIL)
For the Respondents: SMT.ANIMA M., PP

Table of Content
1. accused convicted for rash driving causing grievous hurt. (Para 1 , 2)
2. arguments heard from counsel. (Para 3)
3. eyewitness evidence affirms negligence; conviction upheld, sentence modified with compensation. (Para 4)

ORDER

The petitioner is the accused in C.C.No.440 of 2006 on the files of the Judicial First Class Magistrate Court - II, Palakkad. He was convicted by the learned Magistrate for the commission of offences under Sections 279 and 338 IPC . A sentence of Rigorous Imprisonment for six months and Rigorous Imprisonment for one year respectively, were awarded for the aforesaid offences under and 338 by the Trial Court. In the appeal, the learned Additional Sessions Judge (Adhoc-II), Palakkad, confirmed the conviction, but reduced the sentence of imprisonment to Simple Imprisonment for three months each for the aforesaid offences. Aggrieved by the aforesaid verdicts of the courts below, the petitioner is here before this Court with this revision petition.

2. The prosecution case is that the petitioner drove a brand new motor bike in a rash and negligent manner likely to endanger human life, at about 6.30 pm on 02.10.2006, and caused the above vehicle to

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