Concurrent findings of fact by lower courts regarding criminal negligence in motor vehicle cases are generally not disturbed in revision, though the court retains discretion to modify an excessive sentence to meet the ends of justice.

ORDER

The concurrent verdicts of the Judicial First Class Magistrate Court, Kunnamkulam, and the Addl. Sessions Court IV, Thrissur, in CC No.1426 of 2009 and Crl.Appeal No.245 of 2013 respectively, convicting and sentencing the petitioner for the commission of offences under Sections 279, 337 and

304A IPC, are under challenge in this revision petition.

2. The prosecution case is that the petitioner drove a tempo trax vehicle in a rash and negligent manner, likely to endanger human life, through the public road on 29.07.2009, and caused the above vehicle to hit against a motor bike ridden by one Saneesh with PW1 as pillion rider, resulting in the fall of the above riders of the motor bike to the road and suffering serious injuries, which eventually resulted in the death of the aforesaid Saneesh.

3. Before the Trial Court, the prosecution examined 8 witnesses as PW1 to PW8, and brought on record 7 documents as Exts.P1 to P7. After analysing the aforesaid evidence, the learned Magistrate came to the conclusion that the petitioner committed the offences charged against him. Accordingly, the petitioner was sentenced to fine Rs.1000/- and Rs.500/-

respectively, for the offences under Sections 279 and 337 IPC, and Simple Imprisonment for two months under Section 304A IPC. Though the aforesaid verdict of the learned Magistrate was challenged in appeal, the learned Additional Sessions Judge IV, Thrissur, who considered the above appeal, declined to interfere with the findings of the learned Magistrate. Accordingly, the appeal was dismissed confirming the conviction and sentence.

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

5. Among the witnesses examined from the part of the prosecution, PW1 was the pillion rider of Saneesh, who lost his life as a result of the injuries sustained in the accident involved in this case. He stated before the Trial Court that the negligent driving of the tempo trax vehicle by the petitioner had resulted in the accident. PW2, who claims to have witnessed the accident, also stated that the rash and negligent driving of the tempo trax vehicle by the petitioner was the cause of the accident. The Trial Court as well as the Appellate Court placed reliance upon the aforesaid evidence of PW1 and PW2 and came to the conclusion that the petitioner is guilty of the commission of offences under Sections 279, 337 and 304A IPC. The aforesaid concurrent findings on facts arrived at by the courts below, after analysing the evidence on record, cannot be interfered by this Court in exercise of its revisional powers. However, in the matter of the sentence awarded, it appears that the sentence of Simple Imprisonment for two months awarded by the courts below for the commission of offence under Section 304A IPC is excessive, considering the nature of the accident involved in this case. Having regard to the facts and circumstances of this case, I am of the view that the punishment for the offence under Section 304A IPC has to be reduced to Imprisonment till the rising of the Court and fine Rs.5000/-.

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

1) The concurrent findings of the courts below, convicting the petitioner for the commission of offences under Sections 279, 337 and 304A IPC, are hereby confirmed.

2) The sentence of fine imposed by the courts below for the offences under Sections 279 and 337 IPC and the default clause for non payment of fine are also upheld.

3) In supersession of the sentence awarded for the offence under Section 304A IPC by the courts below, the petitioner is sentenced to Imprisonment till the rising of the Court and fine Rs.5000/-(Rupees Five thousand only).

4) In default of payment of the aforesaid fine of Rs.5000/-, the petitioner will undergo Simple Imprisonment for two months. 5) The petitioner shall surrender before the Trial Court within a period of 30 days from today to undergo the r