IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.Rev.Pet.No. 628 of 2000 ------------------------------------------- CRA.313/1998 of SESSIONS COURT, THRISSUR ST.785/1996 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... REVN. PETITIONER/APPELLANT/ACCUSED: ---------------------------------------------------------------------- SIVADASAN AGED 29 S/O UNNIBALAN CHENGANAMPARAMBIL HOUSE VALAPAYA DESOM, MULAKUNNATHUKAVU BY ADV. SRI.T.M.CHANDRAN RESPONDENT/RESPONDENT/COMPLAINANT: -------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (Crime No.36/96 of Peechi Police Station, Trichur) BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.628 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March 2008 ORDER Petitioner was tried for offences punishable under Sections 279 and 338 IPC on a charge that he had driven a stage carriage bearing Reg.No.KL 8/F-9504 in a rash and negligent manner along the Palakkad-Trichur high way at about 10.30 a.m. on February 27, 1996 resulting in collision against a van coming from the opposite direction. A lady passenger of the bus suffered fracture on her right hand as a result of the reckless driving of the petitioner. 2. The trial court, after considering the oral and documentary evidence on record adduced by the prosecution, found the petitioner guilty and he was accordingly convicted and sentenced to undergo simple imprisonment for two months each under the two counts referred to above. In appeal, the learned Sessions Judge while confirming the order of conviction reduced the substantive sentence from two months to one month each. Crl.R.P.No.628 OF 2000 :: 2 :: However, the learned Judge imposed a fine of Rs.1,000/- each under the two counts. In addition, the learned Judge directed that the driving license of the petitioner be suspended for a period of one year. The above order passed by the appellate court is under challenge in this revision petition. 3. As indicated earlier, the charge against the petitioner was that he had driven the bus along the Palakkad-Thrichur National Highway in a rash and negligent manner and at a high speed resulting in collision against an oncoming vehicle. It had come out in evidence that the accident had occurred on the 'Irumpupalam' bridge while attempting to overtake another bus proceeding in the same direction. PW3, the van driver, in Ext.P1 F.I. Statement had categorically stated that the bus from the opposite direction was driven through the right side in a rash and negligent manner. PW1, the lady passenger in the bus, sustained injuries on her right hand. Ext.P4, wound certificate, revealed that apart from several lacerated injuries of different dimensions, she had suffered a fracture on her right forearm. It had also come out in evidence that her right hand was found in a limp and Crl.R.P.No.628 OF 2000 :: 3 :: hanging condition immediately after the accident. It is true that PW2, 4 to 6 had failed to support the prosecution. PW3, the driver of the van also failed to support the prosecution in full in as much as he stated that he could not exactly describe the manner in which the accident had occurred. In Ext.P1 F.I. Statement he had unambiguously stated that the bus was driven by the petitioner in a rash and negligent manner and at an excessive speed. Petitioner had attempted to overtake another bus while his vehicle was passing through the bridge. The learned Magistrate had found that the evidence of PW1 and PW3 was sufficient enough to establish the prosecution case that petitioner was guilty of rash and negligent driving. The learned Sessions Judge in appeal had re-evaluated the oral and documentary evidence very elaborately. 4. I have been taken through the deposition of the material witnesses and also the relevant documents. I am satisfied that the courts below were justified in holding the petitioner guilty of the charge levelled against him. I do not find any material illegality or irregularity in the concurrent finding entered by the Crl.R.P.No.628 OF 2000 :: 4 :: courts below. Though learned counsel for the petitioner had made an impassioned plea to delete the substantive sentence imposed on the petitioner particularly on the ground that the alleged accident had taken place more than a decade ago, I am not satisfied that this is a fit case in which any leniency is warranted. The menace that is being caused by the drivers of public transport vehicles, especially private buses, is common knowledge. The court cannot shut its eyes to this menace. Therefore, any misplaced sympathy or leniency in such cases will result in perpetrating the social evil further whatever deference send out a wrong signal. The courts should not hesitate to come down heavily on such social evils. 5. From the materials available on record, I am satisfied that the sentence imposed on the petitioner is totally justified. However, the learned Sessions Judge, in my view, was not justified in suspending the driving license of the petitioner for one year particularly since petitioner was not afforded any opportunity to be heard. The trial court had also not imposed such a sentence on the petitioner. Crl.R.P.No.628 OF 2000 :: 5 :: 6. Having regard to the peculiar facts and circumstances, I am of the view that interference is warranted to that limited extent. Therefore, the order passed by the learned Sessions Judge, suspending the driving license of the petitioner, is deleted and in all other respects the order passed by the learned Sessions Judge is maintained. Revision petition is dismissed with the above direction. (A.K.BASHEER, JUDGE) jes Crl.R.P.No.628 OF 2000 :: 6 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.628 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 24th March 2008