IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.Rev.Pet.No. 771 of 2000 CRA.225/1994 of SESSIONS COURT, MANJERI CC.207/1994 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVN. PETITIONER/APPELLANT/ACCUSED PARAKKAL ISMAIL S/O KOYAMU, OTHUKUNGAL MALAPPURAM DISTRICT BY ADV. SRI.BABU S.NAIR RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION KOTTAKKAL MALAPPURAM DISTRICT BY PUBLIC PROSECUTOR SRI.AMJETH ALI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.771 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February 2008 ORDER Petitioner was tried for offences punishable under Sections 279 and 337 IPC. He was found guilty by the trial court and accordingly convicted and sentenced to undergo simple imprisonment for six months under Section 279 IPC and also to suffer simple imprisonment for three months under Section 337 IPC. It was directed that the sentence shall run concurrently. The above order of conviction and sentence was confirmed in appeal by the Sessions Court. Hence this revision petition. 2. The prosecution case in brief was that the petitioner/accused drove autorikshaw bearing registration no. KL-10/1586 through Othukkungal-Mattathur public road at about 2.30 P.M. on November 5, 1993 at a very high speed and in a rash and negligent manner resulting in collision with another autorikshaw bearing registration KL-10/1927. In the said accident, passengers in the two autorikshaws sustained injuries. Crl.R.P.No.771 OF 2000 :: 2 :: 3. PWs 1 to 9 were examined and Exts.P1 to P8 were marked on the side of the prosecution. DW1 was examined on the side of the defence. 4. The trial court after considering the oral or documentary evidence on record, took the view that the prosecution had succeeded in proving the charge against the accused. PWs1, 4 and 5 who were the passengers of the auto driven by the petitioner turned hostile. PWs 2 and 3 who were the passengers of the other auto had supported the prosecution case. It had come out in evidence that the collision had taken place almost on the middle of the road. However, the prosecution case was that the accident had occurred because of the rashness and negligence shown by the petitioner. It had also come out, as spoken by PW3, that petitioner had driven the auto at a very high speed. The trial court accepted the prosecution and held the petitioner guilty. The learned Sessions Judge concurred with the above finding and dismissed the appeal. 5. It may be noticed that the police had filed A and B Crl.R.P.No.771 OF 2000 :: 3 :: charges against the two drivers, apparently for the reason that the material pieces of evidence gathered by the investigating agency indicated that both the drivers were partly responsible for the accident. It is brought to my notice that the driver of the other autorikshaw (Reg.No.KL-10/1927) had pleaded guilty before the trial court and he was accordingly convicted and sentenced to pay fine. 6. Learned counsel for the petitioner, while taking me through the evidence of PW2 and 3 who had supported the prosecution case, contends that the evidence of these two witnesses is so scanty and unreliable to hold the petitioner guilty. There is some force in the above contention. 7. PW2 had categorically stated in her evidence that she did not know the cause of the accident though she admitted that she was travelling in the auto driven by the accused. The wound certificate in respect of PW2 issued by PW6 was produced and marked in the case as Ext.P2, which showed that PW2 had sustained only some contusions and abrasions. As mentioned above, PW2 did not say that the petitioner was Crl.R.P.No.771 OF 2000 :: 4 :: negligent while driving the vehicle or that he had driven it at excessive speed. PW3 of course stated that the autorikshaw which came from the opposite direction had come through the wrong side at a very high speed and hit against the autorikshaw in which he was travelling. He further asserted that it was only due to the rash and negligent driving of the accused that had caused the accident. This evidence of PW3 was not successfully challenged by the defence in any manner. In other words, the testimony of PW3 fully supported the prosecution case. However, it has to be noticed that the wound certificate of PW3 was not produced before the court. The only evidence given by PW3 was that he had sustained some injury in the accident. 8. Having regard to the entire facts and circumstances and having perused the evidence of the material witnesses, I am satisfied that petitioner is entitled to get a lighter sentence. At any rate, I have no hesitation to hold that the sentence of imprisonment imposed on the petitioner is totally unwarranted. Therefore, while upholding the order of conviction passed against the petitioner, the sentence of imprisonment imposed Crl.R.P.No.771 OF 2000 :: 5 :: on him under Sections 279 and 337 IPC is set aside. Petitioner shall suffer imprisonment for one day each under Sections 279 and 337 IPC. He shall further pay a fine of Rs.1000/- under Section 279 and Rs.500/- under Section 337 IPC, and in default of payment of fine petitioner shall suffer further imprisonment for one month each under the two counts. Petitioner shall appear before the court below on March 31, 2008. On his appearance, the learned Magistrate shall ensure that he undergoes imprisonment till the rising of the court. If the petitioner fails to remit the fine amount, the learned Magistrate shall execute the default sentence. (A.K.BASHEER, JUDGE) jes Crl.R.P.No.771 OF 2000 :: 6 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.771 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 4th Feb. 2008