Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY FRIDAY, THE25H DAYOF OCTOBER20133RD KARTHIKA, 1935 Crl.Rev.Pet.No. 777 of 2003 ( ) -------------------------------- CRL.A. NO.34/1998 OF SESSIONS COURT, MANJERI. CC. NO.254/1995 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA. ...... REVISION PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------------- KUTHUKALLIL IBRAHIM, S/O.MUHAMED, THACHANPARA, MANNARKAD AMSOM OF PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------- THE SUB INSPECTOR OF POLICE, MALATTUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.THOMAS JOHN AMBOOKEN. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON2510-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. B.P.RAY,J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.777 OF2003- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of October, 2013 ORDER
Heard learned counsel for the revision petitioner and the learned Public Prosecutor.
2. The revision petitioner herein is the accused in C.C.254/95 on the file of the court of the Judicial Magistrate of First Class II, Perinthalmanna alleging offences punishable under Sections 279, 337 and 338 of the Indian Penal Code. The prosecution case is that on 22-5-1995 at 1.30 pm the accused/revision petitioner drove bus No.KL-10/B2637in a rash and negligent manner so as to endanger human life through the Melattur-Perintalmanna public road and when it reached near culvert No.22/1, the bus hit on a mud wall and capsized.
3. The trial court sentenced the appellant to undergo simple imprisonment for six months under Section 338 IPC and to pay a fine of Rs.1,000/- under Section 279 IPC. No separate sentence was awarded under Section 337 IPC. This Criminal Revision Petition was filed against the judgment of conviction and sentence passed by the Court of the Judicial Magistrate of First Class II, Perinthalmanna in Crl.R.P.No.777 OF2003::
2. :: C.C.254/95 which stands confirmed in Crl.A.No.34/98 passed by the Court of Session, Manjeri.
4. Learned counsel for the revision petitioner vehemently argued that the courts below committed serious illegality in brushing aside the evidence tendered by PW11/the Assistant Motor Vehicle Inspector, who had deposed that the front leaf spring of the bus was broken. When the bus was moving, even if only one leaf is broken, the same will cause loss of control of the vehicle which is in a faster side. The next contention of learned counsel for the petitioner is that at the time of commission of offence, the petitioner was a young man of 31 years.
5. Considering the entire facts and circumstances of the case, I am not inclined to interfere with the concurrent findings of the courts below. I have gone through the impugned orders and I find no illegality or irregularity in the orders passed by the courts below. I am also of the view that the accident in this case was occurred due to the rash and negligent driving of the accused.
6. Taking into account the age of the petitioner and this being the first offence committed by the petitioner, I modify and reduce the substantive sentence to one day (till the rising of the court) and Crl.R.P.No.777 OF2003::
3. :: impose a fine of Rs.28,000/-. Out of the fine amount, a compensation of Rs.5,000/- each be paid to PWs1 to 5. In view of this modification, I direct the petitioner to surrender before the Magistrate concerned, deposit the aforesaid amount and receive the substantive sentence of imprisonment for one day (till the rising of the court) on or before 30th November, 2013 along with a copy of this order. The impugned orders are modified accordingly. Crl.R.P.is disposed of as above. B.P.RAY,JUDGE jes