IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Crl.Rev.Pet.No. 349 of 2001() ----------------------------- CC.680/1994 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE CRA.290/1997 of SESSIONS COURT, KOZHIKOE .................... REVN. PETITIONER: --------------------- N. KARUNAKARAN,S/O.NARAYANAN NAIR VADUVATTA HOUSE, CHALIYAM KADALUNDY AMSOM, KOZHIKODE. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S): --------------- 1. THE S.I. OF POLICE, CITY TAFFIC, KOZHIKODE. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.K. SURESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P. NO. 1550 OF 2001 IN CRL.R. P.NO. 349/2001 DISMISED. 16-9-2009 SD/-M.C. HARI RANI, JUDGES TRUE COPY P.S. TO JUDGE M.C. HARI RANI, J. ====================== CRL.R.P. NO. 349 OF 2001 ======================= Dated this the 16TH SEPTEMBER 2009 ORDER In this criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the petitioner challenges the conviction entered and the sentence passed by the courts below for the offences punishable under Sections 297 and 337 of I.P.C. 2. The petitioner is the accused in C.C.No.680/1994 on the file of the Judicial First Class Magistrate Court-III, Kozhikode. The said case is charge sheeted by the Sub Inspector of Police, City Traffic Police, Kozhikode in Crime No.383/1994 alleging offences punishable under Sections 279 and 337 of the Indian Penal Code. The prosecution case is that on 2-3-1994 at 5.45.p.m. the bus bearing No.KLW 2342 driven by the accused hit on the back of another bus baring Registration No.KLC-8984 CRRP.349/2001 -2- causing injuries to PWs.1 to 5 and others. The allegation is that the petitioner has driven the bus along the National High Way from Medical College bus stop to Chaliyam by carrying passengers in a rash and negligent manner so as to endanger human life. 3. The courts below concurrently found that the petitioner was guilty of offences under Sections 279 and 337 of I.P.C. and he was sentenced to undergo simple imprisonment for three months each under Sections 279 and 337 of I.P.C. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. Being a revision petition, I am not interfering with the conviction entered by the courts below as the offences were proved and conviction is justified. However, the incident occurred in 1994. 15 years have already elapsed after the incident. There is no case that the petitioner has committed any similar offences thereafter. 6. Considering the facts and circumstances of the case, the conviction entered against the revision petitioner is confirmed and the sentence is modified as follows: CRRP.349/2001 -3- 7. The petitioner is sentenced to pay the maximum of Rs.1,000/-- for the offence under Section 279 of I.P.C. and Rs.500/- for the offence under Section 337 of I.P.C. In default of payment of fine, he shall undergo simple imprisonment for a period of two months and one month respectively. 8. The petitioner shall have time till 5-10-2009 to appear before the learned Magistrate to serve the modified sentence hereby imposed. 9. The Criminal Revision Petition is disposed of as above. M.C. HARI RANI JUDGE ks. CRRP.349/2001 -4- M.C. HARI RANI, J. ========================== CRL.R.P.NO. 349 OF 2001 ORDER 16-9-2009 ===========================