Sheriff vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 07, 2023

~3 min read

https://sooperkanoon.com/case/1346505

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1346505
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Nov 07, 2023
Case Number: Crl.Rev.Pet/747/2009

Parties & Advocates

Appellant / Petitioner

Sheriff

Respondent

State of Kerala

Excerpt

.....and six months for the offence under section 338 ipc. it was reduced by the first appellate court to one month simple imprisonment for the offence punishable under section 279 and three months simple imprisonment for the offence punishable under section 338 ipc.2. when the matter came up for hearing, the learnedcounsel for the revision petitioner sri. arjun fairly submitted that his party is prepared to pay an amount of rs.50,000/- by way of cost and pressed for reduction ofsubstantive sentence. taking into consideration all crl.r.p.no.747 of 2009 3 aggravating circumstances as well as the extenuatingfactors as there is a collision between two auto rickshaws, it is fit and proper to reduce the sentence by imposing a fine amount of rs.50,000/- (rupees fifty thousand only) for the offence punishable under section 338 ipc, in default to undergo simple imprisonment for a period of three monthsand a fine amount of rs.1,000/- for the offence under section 279 ipc and in default to undergo simple imprisonment for seven days. on recovery of the fineamount, an amount of rs.40,000/- (rupees forty thousand only) shall be released to the de facto complainant, pw1, and rest of the amount shall be adjusted towards the cost incurred by the state government. criminal revision petition will stand allowed in part accordingly. sd/- p.somarajan judge dmr/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 7th DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 CRL.REV.PET NO. 747 OF 2009 AGAINST THE JUDGMENT DATED 16.06.2008 IN CRA 119/2006 OF DISTRICT & SESSIONS COURT, PALAKKAD CC 108/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PALAKKAD
REVISION PETITIONER/APPELLANT/ACCUSED: SHERIF, AGED 36 YEARS, S/o ABDUL JABBAR, NOUSHAD MANZIL, PALAYAM, KALLEKKAD, PALAKKAD. BY ADVS. SRI.K.ANAND SRI.BENNY ANTONY PAREL RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2 SUB INSPECTOR OF POLICE, TRAFFIC POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI C N PRABHAKARAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON 07.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.R.P.No.747 of 2009 2

ORDER

The revision petitioner is the sole accused in a case charge sheeted by the police alleging the offences under

Sections 279 and 338 IPC.                  The trial Magistrate found that
the    accused           is    guilty    for   the    abovesaid    offences   and
convicted thereunder.                Substantive sentence as well as fine

was ordered for the abovesaid offences under Section 279 and 338 IPC. The trial Magistrate imposed substantive sentence of three months for the offence under Section 279 IPC and six months for the offence under Section 338 IPC. It was reduced by the first appellate court to one month simple imprisonment for the offence punishable under Section 279 and three months simple imprisonment for the offence punishable under Section 338 IPC.

2. When the matter came up for hearing, the learned

counsel for the revision petitioner Sri. Arjun fairly submitted that his party is prepared to pay an amount of Rs.50,000/- by way of cost and pressed for reduction of

substantive              sentence.      Taking       into   consideration     all
Crl.R.P.No.747 of 2009                       3
aggravating          circumstances           as    well     as     the    extenuating

factors as there is a collision between two auto rickshaws, it is fit and proper to reduce the sentence by imposing a fine amount of Rs.50,000/- (Rupees fifty thousand only) for the offence punishable under Section 338 IPC, in default to undergo simple imprisonment for a period of three months

and     a   fine     amount     of     Rs.1,000/-       for      the   offence      under
Section        279       IPC    and     in       default      to   undergo       simple
imprisonment             for   seven    days.      On   recovery         of   the   fine

amount, an amount of Rs.40,000/- (Rupees forty thousand only) shall be released to the de facto complainant, PW1, and rest of the amount shall be adjusted towards the cost incurred by the State Government. Criminal Revision Petition will stand allowed in part accordingly. Sd/- P.SOMARAJAN JUDGE DMR/-

Same Court & Year Kerala · 2023 Same Parties Sheriff vs State of Kerala Same Judge Honourable Mr. Justice P.Somarajan