IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 3831 OF 2008() ------------------------------ CRA.24/2003 of ADDL.SESSIONS COURT, THALASSERY STC.2422/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: ------------------------------ VINEESHAN, S/O. VIJAYAN, AGED 33 YEARS, DRIVER, ANJARAKANDY, KANNUR DISTRICT. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): RESPONDENT/COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3831 OF 2008 ------------------------------------------ Dated this the 27th day of November, 2008 O R D E R Revision petitioner was concurrently convicted and sentenced for the offence under sections 279, 337 and 338 of Indian Penal Code. Petitioner was admittedly driving the jeep KL-10/C 4029 on 2.4.2000 at about 15.30 hrs. along the public road and at Peravoor Theru the jeep hit on the electric post and caused grievous hurt to PW1 and simple hurt to PWs 2 to 4. Prosecution case is that revision petitioner was driving the jeep rashly and negligently so as to endanger human life and by such driving caused hurt and grievous hurt to PWs 1 to 4 and thereby committed the offence under sections 279, 337 and 338 of IPC. Petitioner pleaded not guilty to the charge. Learned Magistrate on the evidence of PWs 1 to 7 found him guilty. He was convicted and sentenced to simple imprisonment for two months for the offence under section 279, simple imprisonment for three months for the offence under section 337, simple imprisonment for five months and a fine of Rs.1,000/- for the offence under section 338 of IPC. Petitioner challenged the conviction and CRRP3831/08 2 sentence before Sessions Court, Thalassery in Crl. Appeal 24 of 2003. Learned Sessions Judge on reappreciation of evidence confirmed the conviction. But the sentence was modified to simple imprisonment for ten days for the offence under section 279, simple imprisonment for twenty days for the offence under section 337 and simple imprisonment for one month for the offence under section 338 of IPC maintaining the fine and the default sentence. Revision is filed challenging the conviction and sentence. 2. Learned counsel appearing for revision petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for revision petitioner did not challenge the conviction, in view of the evidence on record. The learned counsel submitted that considering the nature of the incident the sentence may be modified and revision petitioner is prepared to pay compensation to the injured PWs 1 to 4. 4. Evidence establish that revision petitioner was driving jeep KL-10/C 4029 along the public road on 2.4.2000 at 3.30 p.m. in a rash and negligent manner so as to endanger human life and by such driving hit the jeep on an electric post CRRP3831/08 3 and thereby caused grievous hurt to PW1 and simple hut to PWs 2 to 4. Conviction of the petitioner for the offence under section 279, 337 and 338 of IPC is therefore perfectly legal. 5. Then the only question is regarding the sentence. Section 279 of IPC provides for a sentence of imprisonment which may extend to six months and fine of 1000 rupees or both. The offence under section 337 provides for a sentence of imprisonment which may extend to six months or fine which may extend to 500 rupees or both. Section 338 provides for imprisonment which may extend to two years or fine which may extend to 1000 rupees or both. 6. Considering the entire facts and circumstances of the case interest of justice will be met if the sentence is reduced to imprisonment till rising of Court with a direction to pay compensation to the injured witnesses for the offence under section 337 and 338 of IPC and the maximum fine for the offence under section 279 of IPC. Revision is allowed in part. Conviction of the petitioner for the offence under section 279, 337 and 338 of IPC is confirmed. Sentence is modified. Petitioner is sentenced to a fine of Rs.1000/- and in default simple imprisonment for one month for CRRP3831/08 4 the offence under section 279 of IPC. Petitioner is sentenced to imprisonment till rising of Court and a compensation of Rs.2000/- each to PWs 2, 3 and 4 for the offence under section 337 of IPC. For the offence under section 338, petitioner is sentenced to imprisonment till rising of the Court and a compensation of Rs.8,000/- to PW1. Petitioner is directed to appear before the Magistrate on 15.1.2009. M. SASIDHARAN NAMBIAR, JUDGE Okb/-