IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 672 of 1998()
1. SANTHOSH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.JAIJU BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble the Chief Justice MR.V.K.BALI
Dated :29/11/2006
O R D E R
V.K.Bali,C.J.
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Crl.R.P.No.672 of 1998
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Dated, this the 29th day of November, 2006
ORDER
V.K. Bali, CJ. (Oral):
Santhosh, the petitioner herein, has been held guilty
under Section 279 of Indian Penal Code and sentenced to undergo
simple imprisonment for six months. He has also been held guilty
under Section 304-A of Indian Penal Code and sentenced to
undergo simple imprisonment for one year. The sentences were
ordered to run consecutively, as would be clear from the order
dated 25th May, 1996 passed by the Judicial Magistrate of I Class-
III, Thrissur. The appeal carried against this order was dismissed
by the learned I Additional Sessions Judge, Thrissur, vide order
dated 10th August, 1998. It is against these two orders that the
revision has been filed.
2. Learned counsel representing the petitioner had
urged that the present case may border on a pure and simple
accident and rash and negligent driving. He referred to the other
circumstances of the case and prayed that the petitioner may not
be sent to serve a jail term at this distance of time, the
occurrence pertaining to the year 1994. On these contentions,
the legal heir of the defacto complainant has been impleaded and
Crl.R.P.No.672 of 1998 – 2 –
issued notice. She has entered appearance through counsel, who
prays that the matter be given quietus if some compensation is
paid.
3. The occurrence pertains to the year 1994 and in the
manner aforesaid, the petitioner has undergone the agony of
protracted trial spanned over a period of 12 years. Considering
the facts and circumstances of the case, this Court is of the view
that interest of justice would be served if the petitioner instead of
serving the jail term, be sentenced to pay compensation.
Accordingly, while maintaining the order of conviction against the
petitioner, the petitioner is sentenced to pay a compensation of
Rs.35,000/- (Rupees thirty five thousand only) to the added 2nd
respondent within three months from today.
The Criminal Revision Petition is disposed of as
indicated above.
V.K.Bali
Chief Justice
vku/-