O R D E R

The revision petitioner stands convicted for the offences under Sections 279 and 338 I.P.C and sentenced to undergo simple imprisonment for six months for the offence under Section 279 I.P and to undergo simple imprisonment for one year for the offence under Section 338 I.P.C on the allegation that on 31/10/1993 at about 4.45 p.m., the accused drove lorry bearing registration No.KL 11 A/3279 through Manjeri-Perinthalmanna public road in a rash and negligent manner so as to endanger human life and hit on a motorcycle driven by PW.2 as a result of which PW.1 the pillion rider sustained grievous hurt.

2. The evidence adduced in the matter consisted of the testimony of PWs.1 to 9 and Exts.P1 to P10.

3. It is established from the evidence of the A.M.V.I and Ext.P6 inspection report of the vehicle that it had no mechanical defect. The identity of the petitioner stands proved from the testimony of the Crl.R.P.No.863/2000-C witnesses as well as from Ext.P8 trip sheet. It also stands established that the accident took place totally on the wrong side of the vehicle driven by the accused from Ext.P4 scene mahazar and testimony of the witnesses. It is established from the evidence of PW