O R D E R

Petitioner is the accused in CC.No.348/97 of the Judicial First Class Magistrate's Court-II, Perinthalmanna, who stands convicted for the offences under Sections 279 and 338 of the Indian Penal Code and sentenced to undergo simple imprisonment for three months each. The sentences were ordered to run concurrently. He challenged his conviction and sentence before the Sessions Court, Manjeri through Crl.A.No.220/2001. The learned Sessions Judge concurred with the findings entered by the trial court, confirmed the conviction and sentence dismissed the appeal.

2. The prosecution case is that on 18.06.1997 at

1.45p.m, the petitioner drove Tata Sumo Jeep bearing Registration No.KL-5/E 6440 from south to north through the Wandur-Nilambur road, in rash and negligent manner so as to endanger human life and when it reached at Pulikkal, he caused to hit the vehicle on the motorcycle bearing Registration No.KLL 5680, which was being ridden by PW1 with PW2 as pillion rider from north to south, through the said road. PWs.1 and 2 sustained grievous hurt.

3. Heard the learned counsel for the petitioner and learned Public Prosecutor. The learned counsel for the petitioner has argued that there