Satheesh Kumar T.M. vs State Of Kerala

The revision petitioner was accused in CC No.497 of 1996 on the file of the Judicial First Class Magistrate, Thalassery and the appellant in

Crl.Appeal No.332 of 2000 on the file of the Court of Session, Thalassery. The offences alleged against the accused are punishable under Section

279, 337 and 338 of the Indian Penal Code. The learned Magistrate on trial found the accused guilty, convicted and sentenced him to undergo simple

imprisonment for two months for the offence punishable under Section 279 of the IPC and simple imprisonment for three months for the offence

under Section 338 of the IPC. The accused was convicted for the offence under Section 337 of the IPC. However, no sentence was imposed in view

of the sentence imposed under Section 338 of the IPC. The appeal filed against conviction and sentence was dismissed by the Sessions Court,

Thalassery by its judgment in Crl.Appeal No.332 of 2000 dated 19.05.2005.

When the revision has come up for hearing, the learned counsel for the revision petitioner Sri.P.P.Ramachandran, submits that the occurrence in

this case was on 06.10.1995. The revision petitioner/accused has been defending this case for the last 25 years. The revision petitioner was 32 years

old at the time of occurrence. Without prejudice to his contentions, the learned counsel for the revision petitioner submitted that considering the agony

undergone by the revision petitioner for the last 25 years in connection with a criminal proceeding, the sentence imposed against the accused may be

altered to one of fine by maintaining the conviction imposed by the trial court.

Heard Sri. Sri.P.P.Ramachandran, the learned counsel for the revision petitioner and Sri.M.S.Breez, the learned Senior Government Pleader for the

State.

The prosecution allegation is that on 06.10.1995 at 8 p.m, the accused drove the Bus bearing registration No. Kl 13/A 8874 from Thalassery

towards Kannur along the public road in a rash and negligent manner and when the Bus reached infront of the court complex of Thalassery, the rear

side of the Bus dashed against the bus shelter on the western side of the road causing injuries on PWs 1 to 3 and thereby the accused was stated to

have committed the aforesaid offences.

During the trial of the case, PWs 1 to 11 Were examined and marked Exts.P1 to P7 on the prosecution side.

On a perusal of the facts and circumstances including the submission of the learned counsel for the revision petitioner this Court is of the view that

this is a fit case for altering the sentence to one of fine by sustaining the conviction imposed by the trial court, which has been later confirmed in

appeal.

In the result, the revision petition stands allowed in part. The conviction of the accused for the offence punishable under Sections 279, 337 and 338 of

the IPC are sustained. In modification of the sentence to undergo simple imprisonment for two months for the offence punishable under Section 279 of

the IPC, the sentence is altered to a fine of Rs.1000/- and in default of payment of fine to undergo simple imprisonment for a period of one month. In

modification of the sentence to undergo simple imprisonment for three months for the offence punishable under Section 338 of the IPC, the sentence

is altered to a fine of Rs,1000/- and in default of payment of fine to undergo simple imprisonment for a period of one month. No sentence was

awarded for the offence under Section 337 of the IPC by the trial court in view of the sentence imposed for the offence under Section 338 of the

IPC.