IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 109 of 2001()
1. PADINJAREVEETTIL MANOJ
... Petitioner
Vs
1. S.I. OF POLICE, KOLATHUR
... Respondent
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :22/10/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.109 of 2001
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Dated this the 22nd day of October, 2007
O R D E R
The revision petitioner stands convicted for the offences
under Sections 279 and 337 IPC and sentenced to undergo R.I.
for three months each for the offences under Sections 279 and
337 IPC.
2. The prosecution case is that on 30.4.1994 at about
8.35 a.m., the accused being driver of the bus bearing
registration No.KL.10B.3663 drove it in a rash and negligent
manner so as to endanger human life along the Perinthalmanna-
Kulathur public road and when it reached at Onappada hit
against a side wall and as a result of which CWs’ 1 to 18, the
passengers in the bus sustained injuries.
3. The evidence adduced in the matter consisted of the
testimony of PWs’ 1 to 24 and Exts. P1 to P24.
4. It is found from the evidence of the witnesses that the
bus was driven in over speed and that there was no mechanical
defect to the vehicle. Of course, the passengers have sustained
only minor injuries as per the evidence of PWs’ 10 and 24, the
CRRP109/2001 2
doctors, and Exts. P4 to P19 and Ext. P20 to P22 wound
certificates. PW14 is the AMVI and Ext. P3 is the inspection
report of the vehicle. In the circumstances and in view of the
evidence of the witnesses and the fact that the identity stands
proved from Ext. P24 trip sheet, I find that no interference is
called for. Hence, the conviction is confirmed.
5. Counsel for the revision petitioner has pleaded for
leniency pointing out that about 13 years have elapsed since the
commencement of the proceedings and the accused was so far
facing the ordeal of criminal proceedings. In the circumstances,
I find that the sentence of imprisonment can be avoided. Hence,
the sentence is modified to pay a fine of Rs.1,000/- and in
default, to undergo simple imprisonment for two weeks for the
offence under Section 279 IPC and to pay a fine of Rs.500/- and
in default, to undergo simple imprisonment for 7 days for the
offence under Section 337 IPC.
The revision petition is disposed of accordingly.
K.R.UDAYABHANU,
JUDGE
csl
CRRP109/2001 3
K.R.UDAYABHANU, J
Crl.M.C.No.3021/2002
ORDER
18/10/2007
CRRP109/2001 4