IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 335 of 2002()
1. SUNDARAN, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... 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
---------------------------------------------
Crl.R.P.No.335 of 2002
---------------------------------------------
Dated this the 14th day of November, 2007
O R D E R
The revision petitioner stands convicted for the offences
under Sections 279 and 304(A) IPC and sentenced to undergo
R.I. for a period of one year for the offence under Section 304(A)
IPC and to pay a fine of Rs.1,000/- for the offence under Section
279 IPC and in default, to undergo simple imprisonment for one
year.
2. The prosecution case is that on 14.6.1995 at about
9.30 a.m. the accused drove the lorry bearing registration
No.KL-8-D-5929 through Vaduthala-Attupuram public road in a
rash and negligent manner so as to endanger human life and hit
on a boy who succumbed to the injuries.
3. Counsel for the revision petitioner has only sought
four modification of the sentence pointing out that more than 12
years have elapsed since the date of the incident and the
commencement of the proceedings and that so far the revision
petitioner was facing the criminal proceedings. It is also
CRRP335/02 2
submitted that the entire family of the revision petitioner is
depending on his earnings for their livelihood.
4. In the circumstances and considering the long delay,
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 directed to pay a fine of Rs.1,000/- for the
offence under Section 279 IPC and in default, to undergo simple
imprisonment for one month. The revision petitioner is granted
four months’ time to pay the amount of compensation and fine
amount. He shall appear before the Judicial First Class
Magistrate Court, Kunnamkulam on 14.3.2008 to receive
sentence.
The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl