O R D E R

The revision petitioner was prosecuted by the Circle Inspector of Police, Alathur Police station, alleging offences under Sections 279, 338 and 304 A of Indian Penal Code (IPC) before the Judicial Magistrate of the First Class, Alathur in C.C. No.662/1994. The revision petitioner pleaded not guilty. Therefore, he was sent for trial. On the side of the prosecution, PWs 1 to 11 were examined and Exhibits P1 to P12 were marked. After closing the evidence for the prosecution, the appellant was questioned under Section 313 (1) (b) of the Code of Criminal Procedure. He took a defence of innocence. On appraisal of the evidence, the trial court arrived at a conclusion of guilty. Consequently, the appellant was convicted and sentenced to rigorous imprisonment for one year each under Sections 304 A and 338 IPC and rigorous imprisonment for three months under Section 279 IPC. Sentences were ordered to run concurrently. The driving licence of the appellant was suspended for a period of two years under Section 22 of the Motor Vehicles Act.

2. Assailing the above conviction and sentence, Criminal appeal No. 19/1998 was preferred before the Sessions Judge, Palakkad. The Additional Session