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2010 Supreme(Online)(KER) 46712

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


O R D E R

Petitioner, driver of bus bearing No. KL 11/C 1602, the accused in C.C. No.535 of 1995 on the file of the Judicial First Class Magistrate-III, Kozhikode, was convicted and sentenced to simple imprisonment for three months each for the offences under Sections 279, 337 and 338 of Indian Penal Code. Though petitioner challenged the conviction and sentence before Sessions Court, Kozhikode in Crl. Appeal No.150 of 1999, the learned Sessions Judge on reappreciation of evidence, confirmed the conviction and sentence and dismissed the appeal. Revision is filed challenging the conviction and sentence.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

3. Prosecution case is that on 18.3.1995 at about 9 AM petitioner was driving the bus KL 11/C 1602, in a rash and negligent manner so as to endanger human life along Kozhikode- Balussery road and when it reached Maruthadvalavu, seeing a jeep coming from the opposite direction he swerved the bus to the right in a reckless manner and the bus forcibly hit on the compound wall on the right side and demolished the compound wall and entered partially inside the compound causing grievous hurt to PWs 1 and

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