Negligence in motor vehicle operation resulting in death is punishable under IPC, with identification of the driver being critical for conviction.

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 Sankaran. On the basis of Ext.P3, he registered the case for offences under Sections 279 and 338 IPC for which Ext.P4 First Information Report was prepared. PW6 proceeded with the investigation which was later taken over by PW14, who after completing the investigation laid the charge sheet.

3. In response to the process received, the revision petitioner entered appearance before the trial court and pleaded not guilty when the particulars of the offences were read over and explained. Therefore he was sent for trial. On the side of the prosecution, Pws 1 to 15 were examined. Exts.P1 to P9 were marked. After closing the evidence for the prosecution, the revision petitioner was questioned under Section 313(1)(b) of the Code of Criminal Procedure. He took a defence of total denial and stated that he was not driving the lorry at the time of the accident. However, no defence evidence was let in. The learned Magistrate on appraisal of the evidence arrived at a finding of guilty, consequent to which the revision petitioner was convicted and sentenced to undergo simple imprisonment for three months and six months respectively for the offences under Sections 279 and 304 A IPC. For offence under Section 279 IPC, a fine of Rs.1,000/- was also slapped on the revision petitioner. Aggrieved by the above conviction and sentence, Crl.A.No.190/1999 was preferred before the Sessions Judge, Thrissur. By judgment dated 8.2.2002, the learned Sessions Judge concurred with the trial court and the appeal was dismissed.

4. Assailing the legality, correctness and propriety of the above conviction and sentence as confirmed in appeal, this revision petition was preferred.

5. I have heard Adv.Sri. P.V. Chandramohanan, the learned counsel appearing for the revision petitioner and Smt. S. Hyma, the learned Government Pleader. I was taken through the judgments impugned and the relevant evidence on record by the learned counsel for the revision petitioner.

6. Pws 1 to 3 who were cited by the prosecution as occurrence witnesses turned hostile. The evidence of PW6, who prepared Ext.P5 mahazer, supported by Ext.P5 would show that the lorry went off the road and hit down Sankaran who was sitting on a stone along the side of the road. The lorry further went ahead and came to a halt after hitting down the waiting shed of the trade union workers along the road margin. The evidence of PW15, the Assistant Motor Vehicle Inspector supported by Ext.P9 would show that the lorry had no mechanical defect. The evidence of PW15 on that aspect remains unimpeached. Therefore mechanical defect cannot be attributed as a cause of accident. The fact that the lorry went off the road and hit down Sankaran and came to a halt only after hitting the waiting shed of the trade union workers would speak volumes about