IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 869 of 1999()
1. NAUSHAD
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.VIJU ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :29/03/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.869 of 1999
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Dated this the 29th day of March, 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 each under
Sections 279 and 337 IPC and to undergo simple imprisonment
for six months for the offence under Section 304(A) IPC.
2. The prosecution case is that on 10.2.1987, at about
9.00 a.m. the accused drove a taxi car bearing registration
No.KLY 8515 with passengers including the deceased along with
MC road in a rash and negligent manner so as to endanger
human life and as a result of which the vehicle hit on a raised
bund on the western side of the road resulting in fatal injury to
the deceased who had a spot death.
3. The evidence adduced in the matter consisted of the
testimony of Pws’ 1 to 12 and Exts. P1 to P7 on the side of the
prosecution and DW1 on the side of the accused. The direct
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evidence in the matter in support of the prosecution is the
version of PW1 one of the passengers who have testified that the
vehicle was driven in over speed even at the turning followed by
a gradient and the car hit on a bund and overturned. No
suggestion is that an express bus was came from the opposite
direction through the wrong side and in order to avoid a head on
collusion the accused swerved in the vehicle. The same was
denied by PW1. It was also proved that there was no mechanical
defect to the vehicle.
4. In the circumstances, I find no reasons to interfere in
the findings of the court below in exercise of the revisional
jurisdiction of the court below. In the circumstances, the
conviction is confirmed. The revision petitioner has sought for
leniency in the sentence imposed pointing out that the incident
has taken place on 10.2.1987 i.e., two decades back.
Considering the fact that the accused was facing criminal
proceedings so long it appears that it is only proper to modify
the sentence. The sentence imposed on the Section 304A is
modified to pay a fine of Rs.25,000/- and in default, to undergo
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simple imprisonment for six months. The fine amount, if realised,
will be paid to the legal representatives of the deceased. No
separate sentence is awarded for the rest of the offences.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.372 of 1999
ORDER
26th March, 2007
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C.N.RAMACHANDRAN NAIR, J