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2009 Supreme(Online)(KER) 36846

HIGH COURT OF KERALA
M.SASIDHARAN NAMBIAR, J
SUDHAKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.M.A.MOHAMMED SIRAJ, SRI.P.PRIJITH

ORDER

Petitioner was tried by Judicial First Class Magistrate-I, Palakkad in C.C.No.189/2007 for the offences under Sections 279, 337 and 338 of Indian Penal Code. Prosecution case was that on 16.11.2006 at about 10.30 p.m., petitioner drove tourist bus KL- 25/369 in a rash and negligent manner so as to endanger human live through Thrissur-Palakkad National Highway and when reached at Kuppukad in Kuzhalmannam Panchayat, the bus hit against motor cycle KL-9/K 5294, driven by Sajithchandran and caused grievous hurt to his head and right thigh and petitioner thereby committed the offences under Sections 279, 337 and 338 of Indian Penal Code.

2. As is clear from Annexure-I judgment, when particulars of the offences were read over and explained to the petitioner, he pleaded guilty and recording that pleading guilty was voluntary and with the knowledge of the consequences, learned Magistrate convicted him for the offences under Sections 279, 337 CRMC 2961/09 2 and 338 of Indian Penal Code and sentenced to imprisonment till rising of court and a compensation of Rs.3,500/- to the injured under Section 357(3) of Code of Criminal Procedure.

3. The injured was, in fact, originally discharged fro

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