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2016 Supreme(Online)(KER) 25861

HIGH COURT OF KERALA
B.SUDHEENDRA KUMAR, J
ANEESH – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

The accused in S.T.No.2783 of 2005 on the files of the Court of the Judicial Magistrate of First Class-V, Kozhikode, has filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Sections 279 and 338 IPC.

2. Heard.

3. The prosecution allegation is that on 3.6.2005 at

5.30 p.m., the revision petitioner drove a motorcycle along the public road in a rash and negligent manner so as to endanger human life and when it reached at Cheruvannur, it hit on PW1, who was the pedestrian and as a consequence, PW1 fell down and sustained injuries.

4. Before the trial court, PW1 to PW11 were examined and Exts.P1 to P8 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.

5. The courts below correctly evaluated the oral and documentary evidence adduced by the prosecution and concurrently found that the revision petitioner committed the offences under Sections 279 and 338 IPC, repelling the contentions of the revision petitioner. No circumstance is available before the court to indicate that the concurrent finding by the courts below is perverse or incorrect. In the said circumstances, the con

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