O R D E R

The accused in C.C.No.1010/1997 on the fie of the Judicial First Class Magistrate Court-IV, Kozhikode is the revision petitioner herein. The revision petitioner was charge sheeted by the Sub Inspector of Police, City Traffic Police Station, Kozhikode in Crime No.643/1997 of that police station under sections 279 and 338 of the Indian Penal Code.

2. The case of the prosecution in nutshell was that on

25.5.1997 at about 10.30 a.m, the revision petitioner had driven a bus with No.KLN 8778 in a rash and negligent manner so as to endanger to human life along Kannur National Highway from south to north and when it reached near N.K. bridge at West Hill hit on the back of a lorry with No.KL 5C 203 causing grievous hurt to PW1, a passenger in the bus and thereby he had committed the offences punishable under sections 279 and

338 of the Indian Penal Code.

3. After investigation, final report was filed and the case was taken on file as C.C.No.1010/1997 on the file of the Judicial First Class Magistrate Court-IV, Kozhikode. When the revision petitioner appeared before the court below,particulars of offences were read over and explained to him and he pleaded not guilty. In order to prove