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

ORDER

The petitioner is the accused in C.C.No.440 of 2006 on the files of the Judicial First Class Magistrate Court - II, Palakkad. He was convicted by the learned Magistrate for the commission of offences under Sections 279 and 338 IPC . A sentence of Rigorous Imprisonment for six months and Rigorous Imprisonment for one year respectively, were awarded for the aforesaid offences under and 338 by the Trial Court. In the appeal, the learned Additional Sessions Judge (Adhoc-II), Palakkad, confirmed the conviction, but reduced the sentence of imprisonment to Simple Imprisonment for three months each for the aforesaid offences. Aggrieved by the aforesaid verdicts of the courts below, the petitioner is here before this Court with this revision petition.

2. The prosecution case is that the petitioner drove a brand new motor bike in a rash and negligent manner likely to endanger human life, at about 6.30 pm on 02.10.2006, and caused the above vehicle to hit against PWs 1 and 2, who were standing by the side of a public road, and talking along with PW3. It is stated that PWs 1 and 2 suffered grievous hurt as a result of the aforesaid accident.

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

4. The Trial Court relied on the evidence tendered by the prosecution through the oral testimonies of PWs 1 to 10, and the documents marked as Exts.P1 to P10. Heavy reliance was placed upon the testimonies of PWs 1 to 3, who stated before the Trial Court in unequivocal terms about the rash and negligent driving on the part of the petitioner leading to the accident. The Appellate Court made a re-appraisal of the entire evidence and concurred with the findings of the learned Magistrate. Having regard to the facts borne out of the case records, and also the reasonings adopted by the courts below in the impugned judgments, I am of the view that there is no scope for any interference upon the findings of the courts below about the rash and negligent driving on the part of the petitioner as the cause of the accident. Therefore, the conviction recorded by the courts below in respect of the offences under Sections 279 and 338 IPC , can only be affirmed in this revision petition. However, having regard to the facts and circumstances of the case, I am of the view that the prison term of three months awarded by the Appellate Court is liable to be reduced to imprisonment till rising of court with a further direction to pay a modest amount as compensation to PWs 1 and 2, who suffered injuries as a result of the accident involved in this case.

Subject to the above modification in the sentence, the revision petition stands disposed of as follows :-

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

(ii) In supersession of the sentence awarded by the Appellate Court, the petitioner is sentenced underSection 338IPCto imprisonment till the rising of court with a further direction to pay compensation Rs.10,000/- (Rupees ten thousand only) each to PWs 1 and 2 under Section 357(3) Cr.P.C.

(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 punishment is awarded for the offence under Section 279 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 total compensation amount of Rs.20,000/- before the Trial Court.

(vi) Upon deposit of the compensation amount by the