Aggrieved by the conviction and sentence awarded by the trial court under Sections 279 and 338 I.P.C, which was confirmed by the lower appellate court, the accused has preferred this criminal revision.
2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.
3. Prosecution case, in short, is that on 13-09-1996 at about 09.00 a.m., the accused drove a taxi jeep bearing registration No. KRZ 3592 in a rash and negligent manner and in excessive speed, so as to endanger human life through a public road. When the vehicle reached at a junction, it dashed against PW3, who was a girl child studying in a school. She sustained multiple injuries with fracture shaft of right femur. After investigation, a charge was filed against the revision petitioner.
4. The trial court examined ten witnesses on the side of the prosecution and marked six documents. There was no defence evidence.
5. Learned counsel for the revision petitioner contended that appreciation of evidence was not proper, which resulted in a wrong conviction of the petitioner.
6. PW1 is an independent witness, who furnished first information statement (Ext.P1). He is the owner of a grocery shop on the northern side of the road where the accident took place. His evidence would show that PW3 was standing by the side of the road, on the mud portion, in front of his shop. Jeep came in excessive speed and in a rash manner, knocked her (PW3) down and she sustained injuries.
7. PW's 2 and 10 are independent witnesses to the occurrence. They also testified in tune with PW1. All these witnesses identified the revision petitioner as the driver of the vehicle. PW3, the victim, was only 14 years at the time of accident. She also deposed in agreement with the prosecution case.
8. PW4 is the Orthopaedic Surgeon attached to a Nursing Home, who issued Ext.P2 wound certificate. The victim suffered black eye (on left eye), contused abrasion over right wrist, left knee and right cheek and right foot. Further, she had a lacerated wound on the dorsum of right arm with injury to muscle. More seriously, she had a fracture of right femur. Other witnesses also would testify that there was no reason except the recklessness and callousness on the part of the revision petitioner which caused the accident.
9. On a perusal of the entire materials, I am of the view that the convictions of the petitioner under Sections 279 and 338 I.P.C are proper. There is no justification for any interference in the conviction.
10. In the matter of sentence, learned counsel for the revision petitioner submitted that the petitioner deserves some sympathy. He was only 20 years at the time of accident. The accident took place while he was trying to overtake a stationary bus, parked by the side of a narrow road. What ever that be, he should have taken due care and attention, especially taking a jeep through a narrow and thickly populated road. However, the facts and circumstances prompt me to modify the sentence in the following manner :
In the result, the revision petition is partly allowed. Convictions of the revision petitioner under Sections 279 and 338 I.P.C are confirmed. The revision petitioner shall suffer imprisonment till the rising of the trial court and pay a compensation of Rs.5,000/- (Rupees five thousand only) to PW3 under Section 279 I.P.C. In default of payment of compensation, the petitioner shall undergo simple imprisonment for a period of fifteen days. The petitioner is also sentenced to undergo imprisonment till the rising of the trial court under Section 338 I.P.C and pay a compensation of Rs.5,000/- (Rupees five thousand only) to PW3. In default of the same, he shall undergo simple imprisonment for a further period of fifteen days. The substantive sentences shall run concurrently.
Petitioner shall appear before the trial court on or before 15th December, 2014 and suffer the sentence. The court below shall issue notice to PW3 informing her right to get compensation.
All pending interlocutory applications will stand dismissed.
amk Sd/-
A.HARIPRASAD, JUDGE.
//True copy// P.A to Judge