IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Crl.Rev.Pet.No. 470 of 2001 -------------------------------------------- CRA.308/1996 of SESSIONS COURT, KOZHIKOE CC.129/1994 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... REVN. PETITIONER/APPELLANT/ACCUSED: MAPPILAPADICKAL BENNY, S/O VARKI, AGED 30, KOODATHAI AMSOM, PALONA DESOM OF KOZHIKODE TALUK. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT/RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, THAMARASSERY REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PP SRI.T.J.AMBOOKEN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.NO.2185/2001 IN CRL.R.P.NO.470/2001 DISMISSED 25.5.2009 SD/-K.P.BALACHANDRAN, JUDGE /TRUE COPY/ K.P. Balachandran, J. -------------------------- Crl.R.P.No.470 of 2001 -------------------------- ORDER Heard counsel for the petitioner and the public prosecutor. 2. Petitioner is accused in C.C.No.129/94 on the file of the Judicial First Class Magistrate's Court, Thamarassery. He was charge sheeted by the Circle Inspector of Police, Thamarassery in Crime No.245/93 for offences under Sections 279 and 304 (A) IPC and under Section 146 read with Section 196 of the Motor Vehicles Act on the allegation that at about 4.30 p.m. on 21.10.1993, he drove taxi jeep bearing Reg.No.KED 2507 in a rash and negligent manner and at a high speed so as to endanger human life along the Thamarasery-Koyilandy public road from west to east and at the place Korangad, it hit down one Kunhikandan, S/o Perachan, aged 55 years, who was walking in the same direction along the southern end of the tar road and caused grievous injuries to him and on the way to the Medical CRRP 470/01 2 College Hospital, Kozhikode, the injured succumbed to the injuries. It was also alleged that the vehicle involved in the accident had not been insured at the time of the accident. 3. After trial, the learned Magistrate acquitted the petitioner of offence under Section 146 read with Section 196 of the Motor vehicles Act, but, found him guilty of the offences under Sections 279 and 304(A) IPC, convicted him thereunder and sentenced him to undergo simple imprisonment for one year for offence under Section 304(A) IPC and to undergo simple imprisonment for six months for offence under Section 279 IPC with, however, benefit of concurrency. The appeal filed by the petitioner before the Sessions Court, Kozhikode as Crl.A.No.308/96 was dismissed concurring with the conviction and sentence entered into by the learned Magistrate and hence this revision. 4. Learned counsel for the petitioner took me through the entire evidence in the case in his CRRP 470/01 3 attempt to canvass for the contention that there is no sufficient evidence to establish the guilt in the petitioner for a conviction being entered into for offences under Sections 279 and 304(A) IPC. However, going through the entire evidence in the case, I am not of the view that the courts below have not appreciated the evidence in the proper perspective or that there is any incorrectness, impropriety or irregularity in the conviction entered into by the courts below concurrently against the petitioner for offences under Sections 279 and 304(A) IPC. The conviction for those offences are not liable to be interfered with in the circumstances. 5. Finally, it is contended before me by the learned counsel for the petitioner that some leniency be shown in the matter of sentence as the accused was aged only 20 at the time of the accident in 1993; that more than fifteen years have passed by this time; that he has realised his mistake and is now maintaining a family as well and CRRP 470/01 4 that therefore, the sentence of imprisonment to the extent possible be reduced. 6. Considering the entire circumstances of the case, I am of the view that the maximum leniency that can be extended to the petitioner is to reduce the sentence of simple imprisonment for one year for offence under Section 304(A) IPC to a term of six months. No further leniency is to be extended in the matter of sentence as well. In the result, I dispose of this revision confirming the conviction of the petitioner passed concurrently by the courts below for offences under Sections 279 and 304(A) IPC, but reduce the term of sentence of imprisonment under Section 304(A)IPC from one year to six months. The sentence awarded under Section 279 IPC as also the benefit of concurrency granted to the petitioner are maintained. 25th May, 2009 (K.P.Balachandran, Judge) tkv CRRP 470/01 5 K.P.Balachandran, J. -------------------------- Crl.R.P.No.470 of 2001 -------------------------- ORDER 25th May, 2009