IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.Rev.Pet.No. 265 of 2001() ----------------------------- CRA.56/1995 of SESSIONS COURT, MANJERI CC.362/1994 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVISION PETITIONER: APPELLANT:ACCUSED: ----------------------------------------------------------------------- YOUSEF, S/O.HAMSA, KARUPPANKOBIYATH HOUSE, PANTHARANGADI P.O., THIROORANGADI VILLAGE & TALUK, MALAPPURAM DISTRICT. BY ADV. SRI. P.A.MIRAJ RESPONDENT:RESPONDENT:COMPLAINANT: -------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA, MALAPPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.K.RAVIKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------- Crl.Revision Petition No.265 of 2001 ---------------------------------------- Dated this the 18th day of August, 2008 O R D E R The revision petitioner stands convicted for offence punishable under Sections 279 and 338 IPC and sentenced to undergo simple imprisonment for three months under Section 279 IPC and to undergo simple imprisonment for one year under Section 338 IPC with an order for concurrence. The Court of Session has confirmed the conviction and sentence. Hence, this revision. 2. The allegation against the revision petitioner was that at about 3.30p.m. on 28-6-1994, he drove a jeep along a public road, from east to west, in a rash and negligent manner, as to endanger human life, resultantly knocking down and causing grievous hurt to PW1 who was standing on the southern side of Crl.R.P. No.265/2001 - 2 - that road. The trial court recorded the evidences of PW1 to PW7 and marked Exts.P1 to P6. 3. Barring his general denial of the incriminating materials and circumstances put to him, the accused took a stand in his version under Section 313 of Cr.P.C. that on seeing a bus coming from the opposite side the victim, PW1, tried to give way and the incident resulted. 4. PW1, the injured, gave evidence that he was waiting for a bus in the road margin on the southern side of the road and it was the offending jeep driven by the accused that came in a terrific speed and hit him down before he could move off. That evidence was found to be not impeached successfully in cross-examination. The Court of Session also noticed that the fact that PW1 had fallen down and sustained injury after coming into Crl.R.P. No.265/2001 - 3 - contact with the offending jeep was not a matter in dispute, since even according to the accused, it was PW1 who moved towards the jeep resulting in him being hit by the jeep. PW4, the Doctor, who examined PW1 and recorded Ext.P2 wound certificate spoke to the injuries recorded by him in Ext.P2, which certificate shows that PW1 was fully conscious and well oriented when Ext.P2 was recorded. The said certificate is also to the effect that PW1 stated that he was hit down by the jeep. The victim, PW1, suffered a fracture to his 5th rib on the left side, fracture at the linear end of right radius, a lacerated wound on left cheek, contused abrasion over left elbow and wrist, and contusion over left knee and left side of chest. 5. The courts below relied on the depositions of PW2, PW3 and PW5 apart from PW1, which were found to be corroborating each other on all material Crl.R.P. No.265/2001 - 4 - aspects. Having considered the evidences on record, I do not find any illegality or error in appreciation of evidence by the courts below. The conviction and sentence, therefore, stands and hence, this revision petition fails. In the result, this revision is dismissed affirming the conviction and sentence. The Judicial First Class Magistrate, Malappuram will take effective steps to have the sentence executed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/19/8 //True copy // P.A. to Judge.