IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 Crl.Rev.Pet.No. 57 of 2000() ---------------------------- CRA.41/1993 of SESSIONS COURT, MANJERI CC.111/1992 OF JFCM-I, PERINTHALMANNA .................... REVN. PETITIONER: ------------------ KATHODIYIL KRISHNANKUTTY, S/O.NARAYANAN, PAINKANNOOR, KUTTIPURAM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.JIJO PAUL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. 2. THE CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR, SRI C.K.SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.222/2000 IN CRL.R.P.NO.57/2000 DISMISSED. SD/- K.R.UDAYABHANU, JUDGE 19/09/2007 \\TRUE COPY// K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.R.P.No.57/2000-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 19th day of September, 2007 O R D E R The revision petitioner is the accused, who stands convicted for the offences under Sections 279 and 304A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.3000/- and in default to undergo simple imprisonment for three months for the offence under Section 304A I.P.C and to undergo simple imprisonment for six months for the offence under Section 279 I.P.C with a direction that sentences of imprisonment shall run concurrently. 2. The prosecution case is that on 21/04/1992 at about 4.30 p.m the accused who was driving an autorickshaw in a rash and negligent manner so as to endanger human life through the Perinthalmanna- Valancheri public road hit on a pedestrian and that the victim died on account of the injuries sustained in the incident. 3. The evidence adduced in the matter consisted of the testimony of PWs.1 to 11 and Exts.P1 to P6. Crl.R.P.No.57/2000-C -:2:- The counsel for the revision petitioner has only sought for modification of the sentence. In the circumstances, the conviction is confirmed. Considering the fact that 15 years have elapsed since the commencement of the proceedings the sentence imposed for the offence under Section 304A I.P.C is modified to imprisonment till the rising of the court and to pay compensation of rupees fifteen thousand to the legal representatives of the deceased and in default to undergo simple imprisonment for six months. No separate sentence is awarded for the offence under Section 279 I.P.C. The revision petitioner is granted four months' time to remit the amount of compensation. He shall appear before the Judicial Magistrate of the First Class-I, Perinthalmanna, on 19/01/2008 to receive the sentence. The criminal revision petition is disposed of as above. K.R.UDAYABHANU, Judge ms Crl.R.P.No.57/2000-C -:3:- K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.R.P.No.57/2000-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O R D E R 19th September, 2007