Negligent driving leading to injury constitutes a clear violation under IPC, justifying conviction and corrective sentencing.

ORDER

The accused in C.C.No.367 of 2002 on the files of the Court of the Judicial Magistrate of First Class-II, Kannur, 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 4.3.2002 at about 4.00 p.m., the revision petitioner drove a tempo van bearing registration No.KRN 636 along the public road in a rash and negligent manner so as to endanger human life and when it reached at Kalarivathikal, it hit against the motor cycle driven by PW2 with PW1 as the pillion rider and as a consequence, PW1 sustained injuries.

4. Before the trial court, PW1 to PW9 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 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 of conviction 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 37 years during the relevant period. The revision petitioner is presently aged 52 years. PW1 sustained injuries including fracture of his left leg in the incident. There is no previous conviction against the revision petitioner.

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 Rs.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 Rs.10,000/- (Rupees ten 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 16.3.2016 to suffer the sentence.