The High Court confirmed the accused's conviction for rash and negligent driving under Sections 279 and 337 IPC but reduced the three-month sentence to one day pending compensation, directing payment of Rs.20,000 to injured passengers.
Conviction upheld; sentence reduced to one day; directed to pay Rs.20,000 compensation or face three months imprisonment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945
CRL.REV.PET NO. 331 OF 2011
AGAINST THE ORDER/JUDGMENT CC 817/2000 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,VADAKARA
CRA 257/2004 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOZHIKODE
REVISION PETITIONER/S:
LIBEESH, S/O.MANDAN, AGED 32 YEARS CHIRUKANDOTH HOUSE,ERUVATI AMSOM DESOM,, PINARAYI,THALASSERY TALUK,KANNUR DISTRICT.
BY ADV SRI.C.P.PEETHAMBARAN
RESPONDENT/S:
STATE OF KERALA
S.I.OF POLICE,EDACHERI POLICE STATION,, KOZHIKODE DISTRICT,THROUGH THE PUBLIC PROSECUTOR,, HIGH COURT OF KERALA,ERNAKULAM.
OTHER PRESENT:
SR PP SMT SEETHA S
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.REV.PET NO. 331 OF 2011
(Dated this the 13th day of October, 2023)
ORDER
The revision petition is filed challenging the judgment in Criminal Appeal No.257/2004 passed by the Court of the Additional Sessions Judge, Fast Track Court (Adhoc-II), Kozhikode (Appellate Court) and the judgment in C.C.No.817/2000 passed by the Court of the Judicial First Class Magistrate, Vadakara (Trial Court), concurrently holding the revision petitioner ( in short 'accused') guilty for the offence under Section 279 and 337 of the Indian Penal Code (in short, 'IPC') and convicting and sentencing him to imprisonment for a period of three months, each for the said offences.
The prosecution case in brief:
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accused in a rash and negligent manner, so as to endanger the human life, from Vadakara to Thalasseri through the National Highway, hit on the rear side of the autorikashaw causing injuries to PW4, the passenger in the autorikshaw and PWs 2 and 3, the passengers in the bus. Consequently, the Edacheri Police registered Ext.P1 FIR. The Police after investigation filed the final report alleging that the revision petitioner to have committed the offences under Sections 297, 337 and 338 of the IPC.
CRL.REV.PET NO. 331 OF 2011
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Trial Court Judgment
Appellate Court judgment
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CRL.REV.PET NO. 331 OF 2011
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CRL.REV.PET NO. 331 OF 2011
the sole bread winner of the family. Hence, even if this Court confirms the conviction, a lenient view may be taken in the sentence. He urged the revision petition to be allowed.
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CRL.REV.PET NO. 331 OF 2011
manifest illegality and misreading of records. Merely because another plausible view can be taken, this Court is not supposed to exercise revisional powers and interfere with the findings of the fact finding Courts. It is only when the decision of the fact finding court is so perverse and untenable, this Court is supposed to exercise its revisional power.
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CRL.REV.PET NO. 331 OF 2011
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CRL.REV.PET NO. 331 OF 2011
that the courts while passing an order of sentence, shall take into account a combination of different factors, namely, (i) proportionality, (ii) deterrence and (iii) rehabilitation.
In the result;
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CRL.REV.PET NO. 331 OF 2011
(iii) The sentence of imprisonment ordered by the courts below is modified and reduced, by sentencing the revision petitioner to undergo imprisonment for one day (till the rising of the Court);
(iv) The revision petitioner is directed to deposit Rs.20,000/- before the Trial Court within a period of 60 days from today as compensation payable under Section 357(3) of the Code, and in default to undergo simple imprisonment for a period of three months.
(v) If the compensation is realised, the same shall be paid to PWs 2 and 3.
(vi) The revision petitioner is directed to appear before the Trial Court on or before 13.12.2023, to undergo the sentence and deposit the compensation amount;
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(vii) In case of failure of the revision petitioner/accused to appear before the Trial Court, the Trial Court shall execute the sentence and recover the compensation, in accordance with law;
(vi) The execution of the sentence shall stand deferred till 13.12.2023;
(vii) The Registry is directed to forthwith forward a copy of this order to the Trial Court for compliance.
Sd/-
C.S.DIAS JUDGE
rkc/13.10.23
2 issues framed by the court
Whether to confirm the conviction for rash and negligent driving endangering human life.
Whether the sentence of three months' imprisonment should be modified.
Colour shows how this judgement treated each authority
Soman Vs. State of KeralaRelied on¶19
Soman Vs. State of Kerala [(2013) 11 SCC 382] · Who else cites this
2 provisions across 2 enactments
LIBEESH
STATE OF KERALA
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
