Establishes that maintaining a safe driving distance is crucial to avoid negligence under the IPC.

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 the case of the prosecution, Pws 1 to 8 were examined and Exts.P1 to P10 were marked on the side of the prosecution. After closure of the prosecution evidence, the revision petitioner was questioned under section 313 of the Code of Criminal Procedure and he denied all the incriminating circumstances brought against him in the prosecution evidence. He had further stated that he was not negligent and the accident occurred due to the negligence of the lorry driver. No defence evidence was adduced on his side. After considering the evidence on record, the trial court found the appellant guilty under sections 279 and 338 of the Indian Penal Code and convicted him thereunder and sentenced him to undergo simple imprisonment for three months under section 279 of the Indian Penal Code and further sentenced to undergo simple imprisonment for six months under section 338 of the Indian Penal Code and directed to run the sentences concurrently. The revision petitioner filed Crl.A.No.200/2002 before the Sessions Court, Kozhikode which was made over to the Third Additional Sessions Court, Kozhikode for disposal and the learned Additional Sessions Judge allowed the appeal in part confirming the order of conviction, but reduced the sentence to one month each under section 279 and 338 of the Indian Penal Code and directed the sentences run concurrently. Aggrieved by the same, the present revision has been filed by the revision petitioner/accused before the court below.

4. Heard the counsel for the revision petitioner and the learned Public Prosecutor .

5. The counsel for the revision petitioner submitted that the evidence of Pws 1 and 2 is not sufficient to come to the conclusion that there was any criminal negligence on the part of the revision petitioner. Further it was admitted by Pws 1 and 2 that the driver of the bus suddenly applied brake and that was the reason for the accident. The reason for applying the sudden brake has not been elicited by them. So under the circumstances, no offences under sections 279 and 338 of the Indian Penal Code can be attracted. The counsel also submitted that, if for any reason this Court found that the revision petitioner is guilty of those offences, he prayed for leniency as except PW1 no other person has sustained injuries in the accident.

6. On the other hand, the learned Public Prosecutor supported the concurrent findings of the court below and also submitted that maximum leniency has been shown by the appellate court in imposing the sentence.

7. The case of the prosecution as emerged from the prosecution witnesses is as follows:

On 25.5.1997, PW1 the injured/defacto complainant was travelling in a bus with No.KLN 8778 which was driven by the revision petitioner and when it reached West Hill near N.K. bridge, it hit against a lorr