IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1636 of 2002()
1. KURITYAKOSE, S/O. VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :14/11/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.1636 of 2002
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Dated this the 14th day of November, 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 and to pay a fine of Rs.1,000/- and in
default, to undergo simple imprisonment for a period of 20 days for
the offence under Section 279 IPC and to undergo simple
imprisonment for one month and to pay a fine of Rs.500/- and in
default, to undergo simple imprisonment for 20 days for the offence
under Section 337 IPC and also to undergo R.I. for a period of three
months and to pay a fine of Rs.5,000/- and in default, to undergo R.I.
for three months for the offence under Section 304(A) IPC.
2. The prosecution case is that on 23.3.1999 at about 8.15
a.m., the accused being the driver of K.S.R.T.C. bus bearing
registration No.KL15.2944 drove the same through Thottekad-
Chelakkara public road in a rash and negligent manner so as to
endanger human life and hit the deceased aged 70 years who was
walking through the road.
3. Counsel for the revision petitioner has only sought for
modification of the sentence pointing out that about more than 8
CRRP1636/02 2
years have elapsed since the commencement of the proceedings and
that so far the accused was facing the ordeal of criminal proceedings.
It is also submitted that the income of the revision petitioner is the
sole means of livelihood of his family.
4. In the circumstances, the sentence imposed for the offence
under Section 304(A) IPC is modified to imprisonment till the rising of
the court and to pay a compensation of Rs.25,000/- to the legal
representatives of the deceased and in default, to undergo simple
imprisonment for six months. He is also sentenced to pay a fine of
Rs.500/- for the offence under Section 337 IPC and in default, to
undergo simple imprisonment for two weeks and also to pay a fine of
Rs.1,000/- for the offence under Section 279 IPC and in default, to
undergo simple imprisonment for twenty days. The revision petitioner
is granted four months’ time to remit the amount of compensation and
fine. He shall appear before the Judicial First Class Magistrate Court,
Wadakkanchery on 14.3.2008 to receive sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl