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2016 Supreme(Online)(KER) 32319

HIGH COURT OF KERALA
B.SUDHEENDRA KUMAR, J
P V CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

The accused in C.C.No.367 of 2002 on the files of the Court of the Judicial Magistrate of First Class-II, Kannur, 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 4.3.2002 at about 4.00 p.m., the revision petitioner drove a tempo van bearing registration No.KRN 636 along the public road in a rash and negligent manner so as to endanger human life and when it reached at Kalarivathikal, it hit against the motor cycle driven by PW2 with PW1 as the pillion rider and as a consequence, PW1 sustained injuries.

4. Before the trial court, PW1 to PW9 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 appreciated the oral and documentary evidence adduced by the prosecution and concurrently found that the revision petitioner committed the offence 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 of conviction by the co

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