ORDER

The revision petitioner is the accused in S.T. 104 of 2008 on the files of the Court of the Judicial Magistrate of First Class- III Thrissur. The revision petitioner was convicted under Section 5 read with Section 180 of the Motor Vehicles Act and sentenced thereunder to simple imprisonment for one month.

2. In the appeal filed against the said conviction and sentence, the appellate court confirmed the conviction and modified the sentence to a fine of `1000/- with a default clause for simple imprisonment for two weeks.

3. Heard both sides.

4. The prosecution case can be briefly stated as follows:-

The revision petitioner is the registered owner of a tempo bearing Reg. No. KL 8E - 9853 . The said vehicle was entrusted with Eldo, who is the accused in Crime No. 576/2007 of Mannuthy Police Station. The said Eldo drove the vehicle along Madakkathara-Mannuthy public road in a rash and negligent manner and when it reached at a place called Kasumavin Moola, at 7.30 p.m. On 8-11-2007, it hit against PW3 a cyclist, causing grievous injuries on him (PW3).

5. Before the court below, PW1 to PW3 were examined and Exts. P1 to P9 were marked for the prosecution. DW1 to DW3 were examined for the