O R D E R

The revision petitioner is the accused in C.C. No.387/93 with respect to the offence punishable under Sections 279, 337, 338 and

304 (A) of the IPC.

2. The prosecution case is that on 17.9.1993 at 4.15 P.M.

the accused drove KSRTC Bus No. KLX 6424 through the National Highway from South to North in a rash and negligent manner so as to endanger human life, and at road junction at Changuvatti it hit against an Autorikshaw bearing Reg. No. KL-11/B 1787 driven by PW2 from West to East. PWs 3, 4 and one Subair were travelling in the Autorikshaw driven by PW2 at the time of accident. Due to the accident PW2 and PW3 sustained simple injuries and PW4 sustained grievous hurt. Sri. Subair who was also in the Autorikshaw died on account of the injuries sustained in the accident.

3. The evidence adduced in the matter consisted of the testimony of PWs’ 1 to 15 and Exts. P1 to P12. PWs’ 2 to 4 are the persons traveling in the Autorikshaw. According to PW2 the accident was due to the negligence of the driver of the Bus who drove it in over speed. Ext.P8 scene mahazar is not helpful to identify the exact spot where the accident has taken place. It is seen from Ext.P8 that the National Highwa