ORDER

Petitioner is the accused in C.C.No.567/97 on the file of the Judicial First Class Magistrate's Court, Alathur. He was tried for offences under Sections 279, 338 and 304(A) IPC on the allegation that at about 3.10 p.m. on 13.4.1997, he drove lorry bearing Reg.No.KL-7/K 8836 in a rash and negligent manner so as to endanger human life along the National Highway and caused it to hit at the rear side of the motor cycle bearing Reg.No.TN-38/B 1774 near Vettakkorumakan Temple at Erimayur and caused death of one Muralidas, who was riding the motor cycle and caused grievous injuries to CW2, who was the pillion rider thereof. After trial and considering the evidence adduced in the case, the learned Magistrate found the petitioner guilty of the offences punishable under Sections 279, 338 and 304(A) IPC, convicted him thereunder and sentenced CRRP 408/02 2 him to undergo rigorous imprisonment for a term of two years each under Sections 338 and 304(A) IPC and rigorous imprisonment for a period of six months under Section 279 IPC with benefit of concurrency and right of set off. His driving licence was also suspended for a period of two years under Section 20 of the Motor Vehicles Act. The