Radhakrishnan Nair vs State of Kerala

B.P. Ray, J.—The petitioner, who is the accused in C.C. No. 152 of 1995 on the file of the Judicial First Class Magistrate, Chengannur for offences punishable u/s 304A IPC and Section 134(a) and (b) r/w Section 187 of the Motor Vehicles Act, challenges the conviction entered and the sentence passed by the courts below. The prosecution case is as follows:

On 17.02.1995, at about 2.45 p.m., the accused drove the car bearing registration No. KRA 4334 along the M.C. road from South to North in a rash and negligent manner so as to endanger human life and property and knocked down one Raghavan who was pushing his cycle towards south along the eastern margin of the said road and as a result, the said Raghavan sustained fatal injuries and succumbed to the injuries.

The prosecution altogether examined 9 witnesses as P.Ws. 1 to 9 and got marked 8 documents as Exts. P1 to P8. Accused did not adduce any evidence.

The learned Magistrate, after trial, as per judgment dated 16.12.1998 found the revision petitioner guilty of the offences and sentenced to undergo rigorous imprisonment for one year for the offence u/s 304A IPC and simple imprisonment for two months for the offence u/s 134(a) r/w Section 187 of the M.V. Act. No separate sentence was awarded for the offence u/s 279 IPC. He was also disqualified from holding licence to drive any type of motor vehicle for a period of six months. Sentences awarded u/s 304(A) IPC and Section 187 of the M.V. Act were directed to be run concurrently. Even though the revision petitioner filed an appeal as Crl. Appeal No. 302 of 1998 before the Additional Sessions Judge-II, Mavelikkara, the learned Sessions Judge as per judgment dated 20.12.2004 dismissed the appeal confirming the conviction entered and the sentence passed by the trial court. Hence this revision.

The learned counsel for the petitioner placed reliance upon the decision reported in 2002 KHC 942 - Scariah v. State of Kerala. It is submitted that the occurrence took place in the year 1995 and for the last 19 years, the petitioner is facing the trauma of criminal prosecution. Taking a lenient view of the matter, the sentence imposed on the revision petitioner is set aside and instead he is sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs. 40,000/- (Rupees forty thousand only) and in default to pay the fine to suffer simple imprisonment for three months. Out of the fine amount, an amount of Rs. 39,000/- shall be paid to the legal heirs of the deceased. The petitioner shall appear before the trial court on or before 30th April, 2014 for receiving the sentence and depositing the fine amount.

Revision Petition is disposed of as above.