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BHASKARAN versus STATE OF KERALA

High Court of Kerala

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BHASKARAN v. STATE OF KERALA - Crl Rev Pet No. 684 of 1998 [2007] RD-KL 3834 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 684 of 1998()

1. BHASKARAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.K.L.JOSEPH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :21/02/2007

O R D E R

K.R.UDAYABHANU, J

CRL.R.P.No.684 of 1998

Dated this the 21st day of February, 2007

ORDER

Revision petitioner stands convicted for the offence under Sections 279, 337, 338 and 304(A) of IPC. He is sentenced to undergo R.I. for one year for the offence under Section 304(A) IPC and to pay a fine of Rs.750/- and in default, to undergo simple imprisonment for 45 days for the offence under Section 279 IPC and also to pay fine of Rs.1,000/- and in default, to undergo simple imprisonment for six months for the offence under Section 338 IPC. The courts below have found that the accident took place only on account of the gross negligence on the part of the revision petitioner as the vehicle, which was driven by the accused that came through the wrong side, hit two pedestrians and one of them died.

2. At the time of hearing, the counsel for the revision petitioner confined his plea to the sentence portion and argued for setting the sentence reduced. It is submitted that the accused was not involved in any other offence and that right now CRRP684/98 Page numbers he is aged 64 years and that he is sickly. The incident has taken place on 18.12.1994. Really, he would have been facing the ordeal of prosecution and the impending sentence of imprisonment for the last about 1= years. In these circumstances, I find that it is only proper to modify the sentence. The same is modified to simple imprisonment for a period of fifteen days and to pay a fine of Rs.5,000/- and in default, to undergo simple imprisonment for a further period of one month for the offence under Section 304(A) IPC. The rest of the sentence is retained and confirmed. The Criminal Revision Petition is disposed of as above. K.R.UDAYABHANU,

JUDGE

csl CRRP684/98 Page numbers

K.R.UDAYABHANU, J

Crl.R.P.No.899 of 2001

ORDER

15th February, 2007 CRRP684/98 Page numbers CRRP684/98 Page numbers


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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