IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.Rev.Pet.No. 835 of 2000() ----------------------------- CRA.130/1994 of SESSIONS COURT, MANJERI CC.355/93 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA .................... REVN. PETITIONER(S): --------------------- THORAKKATTIL ABDUL RASHEED, S/O ABDU, EDAPATTA, VELLIYANCHERI, MALAPPURAM BY ADV. SRI.BABU S.NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT PUBLIC PROSECUTOR SMT.PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J ------------------- Crl.R.P.835/2000 -------------------- Dated this the 9th day of February, 2009 ORDER The accused in C.C.No.335/1993 on the files of the Judicial Magistrate of First Class-I, Perinthalmanna, is the petitioner herein. He was prosecuted for the offences punishable under Sections 279 and 338 of the IPC and was convicted and sentenced for the said offences. His conviction and sentence was affirmed by the lower appellate Court and hence the Revision. 2. The case of the prosecution in brief is that on 24.4.1993, the accused, who was a driver of a stage carriage bearing registration No. KLM.2504, had driven the bus in a rash and negligent manner, while reversing the same, so as to occupy the parking area in Perinthalmanna bus stand. The bus hit PW6, who got jammed in between the bus and the pillar, thereby he sustained serious injuries including multiple fracture on the ribs and several lacerated injuries. Crl.R.P.835/2000 2 PW1 an independent witness affirmed the rash and negligent manner in which the vehicle was being driven by the accused. PW6 also identified the accused. Taking note of the prosecution evidence and finding that the accused had driven the vehicle in a rash and negligent manner, the trial Court had proceeded to convict him as aforementioned. The lower appellate Court had confirmed the conviction. 3. Learned counsel for the petitioner submits that PW6 the injured, was also trying to board the bus, that he had fallen down and that is how he had suffered the injuries. Apparently, this was a suggestion made by the defence. I find it difficult to accept this contention, which is inconsistent with Ext.P2 wound certificate. The injuries suffered by PW6 are as follows:- (i). A lacerated wound horizontally placed over the chin 1 x 0.25 x 0.25 c.m. (ii). Lacerated wound oblique 2.5 x 1 x 0.5 c.m. over the supraclavecular region, mild bleeding present. Crl.R.P.835/2000 3 (iii). Abrasion right side of chest. (iv). Hematoma (right) groin (v). x-ray was taken and multiple fractures on 2nd to 7th ribs on the right side. 4. A person who falls down while making an attempt to gain entry into the bus, would not normally suffer injuries, on one side of the ribs. PW1 has clearly spoken to the effect that left side of the bus had hit the injured PW6 and this accounts for the fracture on ribs 2 to 7 on the right side. 5. I also agree with the finding given by the Courts below that there was no factor which stood in the way of believing the testimony of PW6 as injured. While he was examined by the doctor within a very short time of the accident, he had spoken to the manner in which the accident had taken place. It is noted in the wound certificate as such. Corroborated by the credible testimony of PW1, the Courts below were right in accepting the testimony of PW6 as well as the manner in which the accident had taken place. Crl.R.P.835/2000 4 6. The rash and negligent manner in which the vehicle was being driven was also rightly found by the Courts below. Indisputably, the vehicle was being reversed in a crowded place namely, in the Perinthalmanna bus stand at 4.00 p.m. Naturally there will be persons who are anxious to gain entry into various buses. It was upto the driver to have exercised more diligence and care in driving the vehicle. It was nothing but the sheer good fortune of PW6, that he did not suffer graver injuries or even lose his life. 7. In the circumstances, I do not find any reasons to interfere with the conviction of the accused by the Courts below. 8. Learned counsel for the accused submits that substantive sentence of imprisonment for the offence punishable under Sections 279 and 338 may not be completely justified. In the facts and circumstances of the case and after hearing learned Public Prosecutor also Crl.R.P.835/2000 5 in this regard, I am of the view that it will be more appropriate that the accused be mulcted with a direction to pay compensation, instead of sentencing him to a substantive sentence of imprisonment. 9. Accordingly, Criminal Revision Petition is disposed of in the following manner. Sentence of the accused is set aside and instead, he is sentenced as follows. 10. The accused is sentenced for imprisonment till the rising of the Court. He shall also pay an amount of Rs.15,000/- as compensation under Section 357(3) of the Cr.P.C. It is made clear that the direction given by the Court below to disqualify the petitioner from driving any motor vehicle for a period of one year, shall remain intact and such disqualification shall take effect, if the period has not already been undergone, with effect from the date to be fixed in that regard by the learned Magistrate and to be intimated to the concerned Motor Vehicle Inspector. In the circumstances, I direct that the compensation shall be paid within a period of two Crl.R.P.835/2000 6 months from the date of receipt of a copy of this judgment. I further direct that if the compensation amount is not remitted by the accused in the manner aforementioned, then, he shall not be permitted to drive any heavy motor vehicle until such amount is deposited before the Magistrate’s Court and proof is produced before the Court. On deposit of the amount of Rs.15,000/- by the accused, same shall be paid over to PW6. The accused shall appear before the Court below on 23.3.2009 to undergo his sentence. LCR shall be forthwith transmitted to the Court below. V.GIRI, Judge mrcs