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2012 Supreme(Online)(KER) 11731

HIGH COURT OF KERALA
P.S.GOPINATHAN, J
BABY – Appellant
Versus
STATE OF KERALA    Advocate - PUBLIC PROSECUTOR PUBLIC PROSECUTOR – Respondent


O R D E R

Revision petitioner is the accused in C.C.No.324/1997 on the file of the Judicial Magistrate of First Class, Wadakanchery. The Circle Inspector of Police, Wadakanchery, who was examined as PW14, in Crime No.108/1997, prosecuted the revision petitioner alleging offences under Sections 279 and 304 A of the Indian Penal Code (IPC) with a plea that on 31.3.1997 the revision petitioner drove a lorry bearing Registration No.KBE 7768 in a rash and negligent manner along Trichur - Wadakanchery road from south to north so as to endanger human life and as a result, at 5 p.m, near Parlikad junction, the lorry went off the road and knocked down late Sankaran, who was sitting on a stone, along the western margin of the road and caused to sustain severe injuries to which Sankaran succumbed while undergoing treatment at Medical College on 5.4.1993.

2. The evidence on record would show that Sankaran was first taken to Divine Hospital, Wadakanchery.

As serious injuries were suspected, he was referred to Medical College Hospital. PW6, a Head Constable attached to Wadakanchery police station on getting information rushed to the hospital and recorded Ext.P3 First Information Statement given by

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