High Court Kerala High Court

Hamza vs State Of Kerala on 26 September, 2007

Kerala High Court
Hamza vs State Of Kerala on 26 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 318 of 2000()



1. HAMZA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

 Dated :26/09/2007

 O R D E R

J.B. KOSHY, J.

—————————-
Crl.R.P. NO. 318 of 2000

—————————-
Dated this the 26th day of September, 2007

Order

Petitioner was convicted and sentenced to

undergo simple imprisonment for one month under

sections 279 and 337 and simple imprisonment for two

months under section 338 of the Indian Penal Code by

the Magistrate’s court. In appeal, the conviction

was confirmed, but, sentence was modified. Operative

portion of the appellate judgment is as follows:

“a) This appeal is allowed in
part.

b) The verdict of guilty and
conviction imposed on the appellant
u/s.279, 337 and 338 IPC are upheld.


             c) But the sentence imposed on
         the   appellant       is      modified   and
         reduced.     In    supersession      of  the

sentence imposed on the appellant by
the learned Magistrate, he is
sentenced u/s. 338 IPC to undergo
S.I. for a period of 14 days and to
pay a fine of Rs.1,000/-. In default
of payment of fine he shall undergo
S.I. for further period of 10 days.
He is further sentenced u/s. 279 and
337 IPC to pay a fine of Rs.1,000/-

and Rs.500/- respectively. In

Crl.RP.No.318/2000
: 2 :

default of payment of fine, he shall
undergo S.I. for a further period of
2 weeks and one week respectively.

d) The appellant is further
disqualified from driving any class
of vehicles for a period of six
months from the date of endorsement.”

The allegation was that on 6.8.1996 at 8.15 p.m. the

revision petitioner drove bus KL/8D 6066 through

Palakkad-Thrissur national highway in a rash and

negligent manner at an excessive speed endangering

human life. The bus driven by the petitioner

allegedly went and hit at the rear of lorry No.TN/37

3492 which was parked on the southern side of the

road causing injuries to passengers in the bus driven

by the petitioner. PW1 is a passenger who sustained

fracture of distal phalanx of left thumb. PW1 who

gave first information statement became hostile and

stated that he is not aware as to who was driving the

lorry and he does not know what happened. PW2,

another injured witness, stated that accused was

driving the bus with over speed and it hit a lorry on

the back side. According to him, the lorry was not

Crl.RP.No.318/2000
: 3 :

parked. It was also running. According to PW3, the

bus hit on a stationed lorry. The lorry was parked

on the left side. He also stated that there was

drizzling and darkness. Doctor was examined to prove

the injury. Evidence of PW2 was mainly believed by

the court and found that the accused was driving the

bus in a rash and negligent manner so as to endanger

human life. Appellate court upheld the finding and

though confirmed the conviction, altered the

sentence. I am of the view that there was drizzling

and darkness. The lorry was parked without park

light. In the above circumstances, though I am

confirming the conviction, I am altering the sentence

imposed. The sentence imposed on the petitioner

under section 338 to undergo simple imprisonment

or a period of 14 days is set aside, but, he is

sentenced to pay a fine of Rs. 1,000/- as ordered.

No other modification of the sentence is necessary.

Conviction and sentence are confirmed except

conviction and sentence of simple imprisonment for 14

days under section 338 IPC. Default sentence in the

Crl.RP.No.318/2000
: 4 :

case of default in payment of fine is not interfered.

The criminal revision petition is disposed

of accordingly.

J.B.KOSHY
JUDGE

vaa

J.B. KOSHY, J.

————————–

Crl.R.P. No.318/2000

————————–

Order

Dated:26th September, 2007