O R D E R

The Sub Inspector of Police, Vengara Police Station in Crime No.109/1993 prosecuted the revision petitioner before the Judicial Magistrate of the First Class, Malappuram in C.C.No.140/1994 accusing offences under Sections 279, 337 and 338 IPC and under Section 66 read with Section 192 of the Motor Vehicles Act. The allegations against the revision petitioner are that at 2.30 p.m on 23.10.1992, the revision petitioner drove a taxi jeep bearing Reg.No.KLL.5699 with seven passengers, who were examined as PWs 1 to 6 and 9, as against the permit to carry only five passengers, along Kondotty – Kunnumpuram road in a rash and negligent manner so as to endanger human life and as a result, the jeep went off the road and hit against a compound wall. The jeep after demolishing the compound wall, ran to the near by property and came to halt. Two of the passengers, who were examined as PWs 4 and 5, sustained grevious hurt and other passengers : 2:

sustained simple hurt.

2. Since the revision petitioner pleaded not guilty to the charge, he was sent for trial. On the side of the prosecution, PWs 1 to 13 were examined and Exts. P1 to P11 were marked. When questioned under Section 313 of the