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.
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Crl.R.P. NO. 318 of 2000
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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.
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Crl.R.P. No.318/2000
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Order
Dated:26th September, 2007