High Court Kerala High Court

Sudhakaran vs State on 17 June, 2008

Kerala High Court
Sudhakaran vs State on 17 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1160 of 2000()



1. SUDHAKARAN
                      ...  Petitioner

                        Vs

1. STATE
                       ...       Respondent

                For Petitioner  :SRI.PHILIP J.VETTICKATTU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :17/06/2008

 O R D E R
                      V. RAMKUMAR, J.
                 ===================
                      Crl.R.P. No. 1160 of 2008
                ====================
            Dated this the 17th day of June, 2008.

                             O R D E R

In this revision filed under Section 397 read with Section

401 Cr.P.C., the petitioner who is the accused in C.C. No.83 of

1994 on the file of the Judicial First Class Magistrate, Malappuram

for offences punishable under Sections 279, 337 and 338 IPC,

challenges the conviction entered and the sentence passed

against him for offences punishable under Sections 279, 337 and

338 IPC.

2. The case of the prosecution can be summarised as

follows:

On 25.06.1993, the revision petitioner/accused drove a

stage carrier bus bearing registration No. KRM 5879 from east to

west along the Malappuram-Kozhikode road in a rash and

negligent manner endangering human life. When the bus

reached Charankuth at about 12.30 p.m., the bus driven by the

revision petitioner/accused dashed against another bus bearing

registration No. KRM 1400 coming from the opposite direction

CRL.R.P. No. 1160/2000 :2:

resulting in the driver of the second bus and the passengers of

both the buses sustaining simple and grievous injuries. The

accused has thereby committed offences punishable under

Sections 279, 337 and 338 IP .

3. On the accused pleading not guilty to the charge

framed against him by the trial court for the aforementioned

offences, the prosecution was permitted to adduce evidence in

support of its case. The prosecution altogether examined 15

witnesses as PWs 1 to 15 and got marked 15 documents as Exts.

P1 to P15.

4. After the close of the prosecution evidence, the

accused was questioned under Section 313 (1)(b) Cr.P.C. with

regard to the incriminating circumstances appearing against him

in the evidence for the prosecution. He denied those

circumstances and maintained his innocence. He examined the

conductor of the bus driver by DW1.

5. The learned Magistrate, after trial, as per judgment

dated 30.09.1994 found the revision petitioner guilty of the

offences and sentenced him to simple imprisonment for six

CRL.R.P. No. 1160/2000 :3:

months under Section 279 IPC, simple imprisonment for three

months under Section 337 IPC and simple imprisonment for one

year under Section 338 IPC. On appeal preferred by the revision

petitioner as Crl. Appeal No. 210 of 1994 before the Sessions

Court, Manjeri, the learned Sessions Judge as per judgment

dated 23.11.2000 confirmed the conviction entered and the

sentence passed against the revision petitioner. Hence, this

Revision.

6. Even though the learned counsel appearing for the

revision petitioner assailed on various grounds the conviction

entered against the revision petitioner, in as much as the

conviction has been recorded by the courts below concurrently

after a careful evaluation of the oral and documentary evidence

in the case, this Court sitting in revision will be loathe to interfere

with the said conviction which is accordingly confirmed.

7. What now survives for consideration is the question

regarding the adequacy or otherwise of the sentence imposed on

the revision petitioner. Having regard to the facts and

circumstances of the case, I do not think that the revision

CRL.R.P. No. 1160/2000 :4:

petitioner deserves penal servitude by way of incarceration for

the said conviction. I am of the view that interests of justice will

be adequately met by imposing a sentence to be passed

hereinafter. Accordingly, the sentence imposed on the revision

petitioner is set aside and for the conviction under Section 279

IPC, he is sentenced to pay a fine of Rs.1000/- (Rupees one

thousand only) and on default to pay the fine, to suffer simple

imprisonment for 15 days. For the conviction under Section 337

IPC, he is sentenced to pay a fine of Rs.500/- (Rupees five

hundred only) and on default to pay the fine, to suffer simple

imprisonment for 10 days. For the conviction under Section 338

IPC, the revision petitioner is sentenced to simple imprisonment

for 19 days which he has already served and to pay a

compensation of Rs.1000/- (Rupees one thousand only) each to

PWs 2,3 and 8 and a compensation of Rs.500/- (Rupees five

hundred only) each to PWs 4 and 7 and a compensation of

Rs.3000/- (Rupees three thousand only) to PW5 and a

compensation of Rs.3,500/- (Rupees three thousand and five

hundred only) to PW9 and a compensation of Rs.1,500/- (Rupees

CRL.R.P. No. 1160/2000 :5:

one thousand and five hundred only) to PW6 respectively under

Section 357(3) Cr.P.C. The petitioner shall deposit the

compensation as well as the fine before the trial court within

three months from today.

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed as above.

V.RAMKUMAR, JUDGE.

rv

CRL.R.P. No. 1160/2000 :6:

V. RAMKUMAR, J

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CRL. R.P. No.1160 of 2000

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17th day of June, 2008

ORDER

CRL.R.P. No. 1160/2000 :7: