IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Crl.Rev.Pet.No. 3284 of 2010 -------------------------------- (S.T.C.NO.63/2002 OF CHIEF JUDICIAL MAGISTRATE, THALASSERY & CRL.A.NO.53/2004 OF the SESSIONS COURT, THALASSERY) REVN. PETITIONER(S): APPELLANT/ACCUSED ------------------------ PRASANTHAN, S/O.KUMARAN, MUNDERI P.O., MUNDERI, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT AND STATE ------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, CHAKKARAKKAL POLICE STATION, THROUGH TEH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J. ---------------------------------------------------------- Crl.R.P.No.3284 of 2010 --------------------------------------------------------- Dated this the 10th day of November,2010 O R D E R Challenging the conviction and sentence imposed, the accused, who faced the prosecution for the offence under Sections 279 and 337 of I.P.C., preferred this revision petition. 2. Learned counsel for the revision petitioner submitted that the petitioner has no contention on merit and his grievance is with respect to the sentence awarded by the court below. It is also the submission of the learned counsel that the sentence of imprisonment awarded by the court below is unreasonable and exorbitant and the revision petitioner is ready to compensate the injured. Having regard to the facts and circumstances of the case, I am of the view that the said submission can be considered positively. 3. It is borne out from records that the accident had taken place when the two stage carriage buses were competing each other and also the injuries sustained by PWs.2 and 3 are not so grievous. Therefore, according to me, the Crl.R.PNO.3284 of 2010 :-2-: sentence of imprisonment requires modification and while setting aside the sentence to pay fine, the petitioner can be directed to pay compensation to the injured. In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petition under Sections 279 and 337 of I.P.C. as recorded by the courts below. Accordingly, the sentence of imprisonment ordered by the court below is modified and reduced to one day simple imprisonment till the rising of the court and the revision petitioner is directed to pay compensation of Rs.10,000/- under Section 357(3) of the Cr.P.C. within one month from today and in case of default, the petitioner is directed to undergo simple imprisonment for fifteen days. Accordingly, the revision petitioner is directed to appear before the trial court on 10th December, 2010 to receive the modified sentence and to pay the compensation fixed by this Court. On realisation of the compensation amount, the same shall be paid and disbursed among Pws.2 and 3, equally. In case of any Crl.R.PNO.3284 of 2010 :-3-: failure on the part of the revision petitioner in appearing before the trial court and paying the compensation amount on the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the petitioner shall be deferred till 10.12.2010. V.K.MOHANAN, Judge. MBS/ Crl.R.PNO.3284 of 2010 :-4-: