Concurrent conviction for rash driving upheld; sentence reduced to till rising of court with victim compensation.

ORDER

The petitioner is the accused in CC No.22/2006 on the files of the Judicial First Class Magistrate Court III, Kozhikode. He was convicted by the learned Magistrate for the commission of offences under Sections 279 , 337 and 338 IPC . A sentence of Simple Imprisonment for six months and fine Rs.1000/- under Section 279 and Simple Imprisonment for one year and fine Rs.1000/- under Section 338 were awarded as punishment by the Trial Court. No separate sentence was awarded for the offence under Section 337 . The Trial Court also directed the cancellation of the driving licence of the petitioner for a period of one year. In the appeal, the learned Additional Sessions Judge-II, Kozhikode, confirmed the aforesaid conviction but reduced the sentence to Simple Imprisonment for three months and fine Rs.1000/- under and also the same punishment for the offence under . Aggrieved by the aforesaid verdicts of the courts below, the petitioner is here before this Court with this revision petition.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The prosecution case is that on 07.08.2005 at about 10 pm, the petitioner drove a Maruti van in a rash and negligent manner likely to endanger human life, through the public road from Panniyankara to Kozhikode and caused the above vehicle to hit against a motor cycle in which PW2 and PW3 were travelling, resulting in injuries including grievous hurt to the above persons.

4. Before the Trial Court, the prosecution examined 15 witnesses as PW1 to PW15 and brought on record 11 documents as Exhibits P1 to P11. It is after analysing the aforesaid evidence that the learned Magistrate convicted the petitioner and awarded the sentence as stated above. The Appellate Court made a reappraisal of the entire evidence and concurred with the finding of conviction of the Trial Court. The Courts below placed heavy reliance upon the evidence tendered by PW2 and PW3, who were the injured, and PW4 and PW5, who were the witnesses who had the occasion to see the accident. The concurrent findings on facts of the courts below in the above regard are not liable to be interfered with in exercise of revisional powers of this Court. Therefore, the conviction of the petitioner for the commission of offences under Sections 279 , 337 and 338 IPC is liable to be upheld. However, having regard to the facts and circumstances of the case, I am of the view that the prison term awarded as punishment to the petitioner is liable to be reduced to imprisonment till the rising of the Court, with a further direction to pay a modest amount as compensation to PW2 and PW3, who suffered injuries as a result of the accident.

5. Subject to the above modification in the sentence, the revision stands disposed of as follows:

i) The concurrent findings of the courts below, convicting the petitioner for the commission of offences under Sections 279 , 337 and 338 IPC , are hereby confirmed.

ii) In supersession of the sentence awarded by the courts below under Section 338 IPC , the petitioner is sentenced to imprisonment till the rising of the Court with a further direction to pay compensation of Rs.10,000/- (Rupees Ten thousand only)

each to PW2 and PW3.

iii) In default of payment of the total compensation amount of Rs.20,000/- (Rupees Twenty thousand only), the petitioner will undergo Simple Imprisonment for a term of two months.

iv) No separate sentence is awarded for the offences under Sections 279 and 337 IPC .

v) The petitioner shall surrender before the Trial Court within a period of 30 days from today to undergo the revised sentence of imprisonment till the rising of the Court, and also to remit the compensation amount of Rs.20,000/-.

vi) Upon deposit of t