IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3831 of 2008()
1. VINEESHAN, S/O. VIJAYAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/11/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 3831 OF 2008
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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/-