Rash and negligent driving resulting in injuries constitutes offenses under IPC Sections 279 and 338, warranting conviction.

ORDER

The accused in C.C.No. 195 of 2002 on the files of the Court of the Judicial Magistrate of First Class-I, Manjeri, filed this revision petition challenging the concurrent finding of conviction and sentence passed by the courts below under Sections 279 and 338 IPC .

2. Heard.

3. The prosecution allegation is that on

17.04.2002 at about 10.45 a.m., the revision petitioner drove a jeep bearing registration No.TN 37/S 5077 along the public road in a rash and negligent manner so as to endanger human life and when it reached at Kavungapara, it hit against the motor cycle ridden by PW1 and as a consequence, PW1 was thrown to the road and he sustained injuries.

4. Before the trial court, PW1 to PW9 were examined and Exts.P1 to P6 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.

5. The courts below correctly appreciated the oral and documentary evidence adduced by the prosecution and concurrently found that the revision petitioner committed the offence under Sections 279 and 338 IPC , repelling the contentions of the revision petitioner. No circumstance is available before the court to indicate that the concurrent finding or the appreciation of evidence by the courts below is perverse or incorrect. In the said circumstances, the concurrent finding by the courts below that the revision petitioner committed the offence under and 338 does not warrant any interference by this court.

6. As regards the sentence, the learned counsel for the revision petitioner has pleaded for leniency. The revision petitioner was aged 31 years during the relevant period. The revision petitioner is presently aged 45 years. There is no previous conviction against the revision petitioner. There is also no allegation that the revision petitioner committed any other offence of similar nature subsequent to the registration of the present crime. PW1 is the injured in this case. PW1 sustained injuries including fracture of his right arm and also dislocation of his right knee.

Considering the facts and circumstances of the case, I am of the view that the sentence awarded by the courts below can be modified and reduced to a fine of ₹1,000/- (Rupees one thousand only) and in default to simple imprisonment for ten days under Section 279 I.P.C. and imprisonment till the rising of the court and a compensation of ₹7,000/- (Rupees seven thousand Only)

and in default to simple imprisonment for one month under Section 338 IPC to meet the ends of justice and accordingly, I order so. If the compensation is realised, the entire amount shall be given to PW1 under Section

357 (3) Cr.P.C.

In the result, this revision petition stands allowed in part as above.

The revision petitioner shall surrender before the trial court on 6.04.2016 to suffer the sentence.