High Court Kerala High Court

Naushad vs State Of Kerala on 29 March, 2007

Kerala High Court
Naushad vs State Of Kerala on 29 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 869 of 1999()



1. NAUSHAD
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.VIJU ABRAHAM

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :29/03/2007

 O R D E R
                           K.R.UDAYABHANU, J

                        ---------------------------------------------

                           CRL.R.P.No.869 of 1999

                         ---------------------------------------------

                    Dated this the 29th day of March, 2007






                                     O R D E R

The revision petitioner stands convicted for the offences

under Sections 279, 337 and 304(A) IPC and sentenced to

undergo simple imprisonment for three months each under

Sections 279 and 337 IPC and to undergo simple imprisonment

for six months for the offence under Section 304(A) IPC.

2. The prosecution case is that on 10.2.1987, at about

9.00 a.m. the accused drove a taxi car bearing registration

No.KLY 8515 with passengers including the deceased along with

MC road in a rash and negligent manner so as to endanger

human life and as a result of which the vehicle hit on a raised

bund on the western side of the road resulting in fatal injury to

the deceased who had a spot death.

3. The evidence adduced in the matter consisted of the

testimony of Pws’ 1 to 12 and Exts. P1 to P7 on the side of the

prosecution and DW1 on the side of the accused. The direct

CRRP869/99 Page numbers

evidence in the matter in support of the prosecution is the

version of PW1 one of the passengers who have testified that the

vehicle was driven in over speed even at the turning followed by

a gradient and the car hit on a bund and overturned. No

suggestion is that an express bus was came from the opposite

direction through the wrong side and in order to avoid a head on

collusion the accused swerved in the vehicle. The same was

denied by PW1. It was also proved that there was no mechanical

defect to the vehicle.

4. In the circumstances, I find no reasons to interfere in

the findings of the court below in exercise of the revisional

jurisdiction of the court below. In the circumstances, the

conviction is confirmed. The revision petitioner has sought for

leniency in the sentence imposed pointing out that the incident

has taken place on 10.2.1987 i.e., two decades back.

Considering the fact that the accused was facing criminal

proceedings so long it appears that it is only proper to modify

the sentence. The sentence imposed on the Section 304A is

modified to pay a fine of Rs.25,000/- and in default, to undergo

CRRP869/99 Page numbers

simple imprisonment for six months. The fine amount, if realised,

will be paid to the legal representatives of the deceased. No

separate sentence is awarded for the rest of the offences.

The criminal revision petition is disposed of as above.






                                                          K.R.UDAYABHANU,

                                                             JUDGE

csl


CRRP869/99                            Page numbers





                                                           K.R.UDAYABHANU, J













                                                             Crl.R.P.No.372 of 1999


                                                               ORDER












                                                                     26th March, 2007




CRRP869/99                         Page numbers





                                                 C.N.RAMACHANDRAN NAIR, J