High Court of Kerala affirmed conviction for rash driving and negligent causing injury. Court commuted imprisonment to fine of Rs. 1,000 each for IPC Sections 279 and 338, granting three months to remit the amount.
Conviction confirmed; imprisonment commuted to fine of Rs. 1,000 under S.279 and 338 IPC; three months time granted to remit fine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 19TH DAY OF MARCH 2014/28TH PHALGUNA, 1935
Crl.Rev.Pet.No. 920 of 2012 ()
CRL.APPEAL NO.48/2010 of ADDL. DISTRICT & SESSIONS COURT (ADHOC)III, MANJERI
CC 282/2008 of Judicial First Class Magistrate - I, MANJERI
REVISION PETITIONER/APPELLANT/ACCUSED :
ABDUL RAZAK
S/O.MOIDEENKUTTY, THANNIYADAN HOUSE,
CHATHALLUR, EDAVANNA, NILAMBUR TALUK, MALAPPURAM DISTRICT
BY ADV. SRI.P.SHAMSUDIN
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
(REPRESENTING THE SUB INSPECTOR OF POLICE, EDAVANNA)
BY PUBLIC PROSECUTOR SMT.P.MAYA.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 19-032014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L.JOSEPH FRANCIS, J.
Crl.R.P. No.920 of 2012
----------------------------------------------Dated 19th March, 2014
O R D E R
Revision petitioner is the accused in C.C.No.282 of 2008 on the file of the Judicial First Class Magistrate - I, Manjeri for the offences punishable under Sections 279 and 338 of the Indian Penal Code and under section 185 of the Motor Vehicles Act. The allegation is that on 24.2.2008 at about 6.35 p.m., the accused, after consuming alcohol rode a motor bike bearing Registration No.KL-04/U-9180 along Manjeri - Nilambur public road at excessive speed and in a rash and negligent manner and hit against CW1 and caused grievous injuries to him. The trial court convicted and sentenced the accused to undergo simple imprisonment for one month and to pay fine of 1,000/- in default to undergo simple imprisonment for one month under Section 279 of the Indian Penal Code and to undergo simple imprisonment for three months and to pay fine of 1,000/- in default to undergo simple imprisonment for one month under Section 338 of the I.P.C. The substantive sentences were ordered to run concurrently. The fine amount, if
Crl.R.P.No.920/12
2
realised was ordered to be paid to PW1 as compensation under Section357(1)(b) of the Cr.P.C. The accused was acquitted of the offence punishable under Section 185 of the Motor Vehicles Act.
undergo simple imprisonment for one month each under Sections 279 and 338 of the I.P.C. Against that judgment, the appellant/accused filed this Criminal Revision Petition.
Crl.R.P.No.920/12
3
Sections 279 and 338 of the I.P.C., on properly appreciating the evidence on record. Therefore, I find no reason to interfere with the conviction of the accused under Sections 279 and 338 of the I.P.C.
Accordingly, this Crl. Revision Petition is allowed in part. The conviction of the accused in C.C.No.282 of 2008 on the file of the Judicial First Class Magistrate - I, Manjeri under Sections 279 and 338 of the I.P.C. is confirmed. The accused is sentenced to pay a fine of `1,000/- each under Sections 279
Crl.R.P.No.920/12
4
and 338 of the I.P.C., in default to undergo simple imprisonment for one month each. Three months time is granted to the revision petitioner to remit the fine amount before the trial court.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
3 issues framed by the court
Whether the conviction under Section 279 and 338 of the IPC for rash and negligent driving after consuming alcohol should be confirmed.
Whether the trial court's imprisonment sentence was appropriate or if a fine would meet the ends of justice for a first offender.
Whether compensation under Section 357(1)(b) of Cr.P.C. is payable to the injured party.
3 provisions across 3 enactments
Abdul Razak
State of Kerala
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
