Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 Crl.Rev.Pet.No. 2217 of 2007 ( ) --------------------------------- CRL.A3062006 of ADDL.SESSIONS COURT (ADHOC)-II, ERNAKULAM CC4152001 of J.M.F.C-1.,PERUMBAVOOR REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------- ALI, S/O KOCHAHAMMAD, MOOTHEDATH HOUSE, VENGOLA KARA, VENGOLA VILLAGE. BY ADVS.SRI.SIRAJ KAROLY SRI.T.K.SAJEEV SMT.SIKHA G.NAIR SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: --------------------------------------- KERALA STATE, REPRESENTED BY SI OF POLICE, PERUMBAVOOR, PERUMBAVOOR POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON2102-2014, THE COURT ON242-2014 PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.2217 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February 2014 ORDER
The revision petitioner herein is the accused in C.C. No.415 of 2001 on the file of Judicial First Class Magistrate Court, Perumbavoor and the appellant in Criminal Appeal No. 306 of 2006 on the Sessions Court at Ernakulam. The prosecution case is that on 12.11.2000 at 7 p.m. while the de- facto complainant(PW1), who was riding the motor cycle bearing Reg. No. KL7M-2941 with the pillion rider (PW2) were travelling through Perumbavoor Puthencruz Road from south to north and when they reached near Meprathupady, a Car bearing registration No.KRK3166 which was ridden by the Crl.R.P.No.2217 of 2007 :2: revision petitioner /appellant/accused in the same direction in a rash and negligent manner, hit on the back side of the motor cycle and PW1 and PW2 fell on the road and caused fracture to right knee and right bones of PW1 and PW2. The revision petitioner/appellant/accused committed the offence under Sections 279, 337 and 338 of the Indian Penal Code (for short 'the IPC').
2. The trial court convicted the revision petitioner and sentenced him to undergo simple imprisonment for one month and fine of `500/- under Section 279 of the the IPC and in default of payment of fine he shall undergo simple imprisonment for one month. He is also sentenced to undergo simple imprisonment for one month and fine of `500/- under Section 337 of the IPC and in default of payment of fine he has to undergo simple imprisonment for one month. He is further sentenced to undergo simple imprisonment for six months and Crl.R.P.No.2217 of 2007 :3: fine of `1000/- under section 338 of the IPC and in default of fine he has to undergo simple imprisonment for two months. Criminal Appeal No.306 of 2000 filed by the accused before the Additional Sessions Court (Adhoc - II), Ernakulam was dismissed. Against that judgment, the appellant/accused filed this Criminal Revision Petition.
3. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner submitted that the revision petitioner is not challenging the conviction under Sections 279, 337 and 338 of the IPC and that the only prayer of the revision petitioner is to reduce the sentence considering the fact that the revision petitioner is not involved in any other motor accident case.
3. Since the courts below convicted the accused under Sections 279, 337 and 338 of the IPC on properly appreciating the evidence on record, I do not find any reason to interfere Crl.R.P.No.2217 of 2007 :4: with the conviction of the accused. For the above offences, jail sentence is not mandatory. Considering the facts and circumstances of the case, I am of the view that sentencing the accused to pay a fine of `1,000/- under Section 279 of the IPC, a fine of `500/- under Section 337 of the IPC and to pay a fine of `1,000/- under Section 338 of the IPC , would meet the ends of justice. Accordingly the Criminal Revision Petition is allowed in part. The conviction of accused in C.C. No.415 of 2001 on the file of Judicial First Class Magistrate Court, Perumbavoor under Sections 279, 337 and 338 of the IPC is confirmed. The accused is sentenced to pay a fine of `1,000/- each under Section 279 and 338 of the IPC in default to undergo simple imprisonment for one month each. The accused is also sentenced to pay a fine of `500/- under Section 337 of the IPC in default to undergo simple imprisonment for two weeks. Crl.R.P.No.2217 of 2007 :5: Three months time is granted to revision petitioner to remit the fine amount before the trial court. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY //