IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Crl.MC.No. 1954 of 2010() ----------------------------------- ( CRIMINAL REVISION PETITION NO. 59/2007, C.C.NO. 220/2004 OF CHIEF JUDICIAL MAGISTRATE, COURT, MANJERI.) ------------------- PETITIONER(S): ---------------------- PANALI HABEEB, AGED 23 YEARS, S/O.ABDURAHIMAN HAJI, PANALI HOUSE, MUNDAPPALAM, KONDOTTY AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT/ACCUSED AND STATE ------------------------------------------------------------------------------- 1. USMAN, S/O.MUHAMMED, MANNINKADAVAN HOUSE, KUDUMBIYAN KAVIL, AMAYOOR, KARAKKUNNU. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1954 OF 2010 --------------------------------------------- Dated 10th November, 2010 O R D E R Petitioner, the de facto complainant in C.C.220/2004 on the file of Chief Judicial Magistrate's Court, Manjeri filed this petition under Section 482 of Code of Criminal Procedure challenging the order of acquittal passed under Section 255(1) of Code of Criminal Procedure by the Magistrate and confirmed by Sessions Court, Manjeri in Crl.R.P.59/2007. Prosecution case is that on 20/3/2004 at about 7.30 p.m the accused drove bus No.KL-10/C-3999, rashly and negligently so as to endanger human life and hit against car No.MH/06-M.1308 driven by deceased Basheer, while it was proceeding along Manjeri- Crmc 1954/10 2 Kozhikode road at Pullanoor. The bus was proceeding from Manjeri to Kozhikode and the car was proceeding from Kozhikode to Manjeri. Basheer succumbed to the injuries. Prosecution examined eighteen witnesses. Pws.1 to 3 did not support the prosecution case. PW4, a relative of the deceased Basheer, who furnished the information, was not an eye witness. PW5 is an attestor to Ext.P2 scene mahazar and Ext.P3 trip sheet. Pws.6 and 8 are the attestors to Ext.P4 inquest report. Petitioner is the brother of deceased Basheer. PW9 is the doctor who examined PW3 and issued Ext.P5 wound certificate. PW10 is the Motor Vehicle Inspector. PW12 is the conductor of the bus. PW13 had conducted postmortem examination and prepared the postmortem certificate. Learned Magistrate on appreciating the evidence found Crmc 1954/10 3 that there is no reliable or acceptable evidence to find that the incident occurred due to negligent driving of the accused and acquitted him under Section 255(1) of Code of Criminal Procedure. Contending that learned Magistrate did not properly appreciate the evidence, petitioner filed Crl.R.P.59/2007. The order of the revisional court establish that entire evidence was properly reappreciated by the learned Sessions Judge and found that appreciation of evidence by the learned Magistrate was proper. In such circumstances, I find no merit in the petition. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.