O R D E R

Petitioner was concurrently convicted and sentenced for the offence under section 279, 337 and 338 of Indian Penal Code. Prosecution case is that on 23.7.2002 at about 4 a.m. petitioner was driving KSRTC bus from east to west, in a rash and negligent manner so as to endanger human life and by such driving hit on autorikshaw KL.8H-4327, which was driven by PW4 along with Koorkkanchery-Thrissur public road from south to north at Chettiyangadi, Thrissur and caused grievous hurt to PWs 1 to 3 and thereby committed offences under section 279, 337 and 338 of IPC.

2. Petitioner pleaded not guilty. Prosecution examined PW4, driver of the autorikshaw, PWs 1 to 3 the injured passengers of the autorikshaw and PW5, an eyewitness and PW7 attester to Ext.P3 and P4 mahazars respectively of the K.S.R.T.C. bus and autorikshaw and PW6 the attesting witness to Ext.P2 scene mahazar and PW8 Assistant Motor Vehicle Inspector, who CRRP 151/08 2 prepared Ext.P6 certificate on examining KSRTC bus and Ext.P7 report on inspecting the autorikshaw and PWs 9 and 10, the Doctors, who treated PWs 1 to 3 and PW11 the investigating officer and PW12, the Additional Sub Inspector, who verified and laid the ch