Reckless driving leading to injury constitutes a violation under IPC Sections 279 and 338, which mandates criminal liability for endangering public safety.

ORDER

The accused in S.T.No.2783 of 2005 on the files of the Court of the Judicial Magistrate of First Class-V, Kozhikode, has 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 3.6.2005 at

5.30 p.m., the revision petitioner drove a motorcycle along the public road in a rash and negligent manner so as to endanger human life and when it reached at Cheruvannur, it hit on PW1, who was the pedestrian and as a consequence, PW1 fell down and sustained injuries.

4. Before the trial court, PW1 to PW11 were examined and Exts.P1 to P8 were marked for the prosecution. No evidence was adduced on the side of the revision petitioner.

5. The courts below correctly evaluated the oral and documentary evidence adduced by the prosecution and concurrently found that the revision petitioner committed the offences 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 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 Sections 279 and 338 IPC 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 20 years during the relevant period. Presently, the revision petitioner is aged 36 years. There is also no allegation that the revision petitioner committed any other offence of similar nature, subsequent to the registration of this crime.

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 imprisonment till the rising of the court and a compensation of Rs.7,000/- (Rupees seven thousand only) and in default to simple imprisonment for one month under Section 338 I.P.C. to meet the ends of justice and accordingly, I order so. If the compensation amount is paid, the entire amount shall be given to PW1 under Section 357 (3) of the Code. The sentence awarded by the appellate court under Section 279 IPC stands confirmed.

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

The revision petitioner shall surrender before the trial court on 15.3.2016 to suffer the sentence.