SAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner stands convicted for the offence undr Section 279 IPC, Sections 66 read with Section 192 of the Motor Vehicles Act, 130(1), 130(3),158(1), (a), 158(1) (d) read with Section Section 177 of the Motor Vehicles Act. THE appellate court modified the sentence under Section 279 I.P.C. to rigorous imprisonment for seven days. THE sentence of fine imposed under Section 279 IPC was upheld sustaining the sentence to pay a fine of Rs.1,000.00 and in default to undergo simple imprisonment for 15 days. He was also convicted for the other offences and sentenced to pay varied amounts of fine and in default to undergo imprisonment. THE allegation is that the petitioner drove a Mini lorry in a rash and negligent manner so as to endanger human life without having a valid driving licence and carrying passengers in excess of the capacity of the vehicle. THE appellate court modified the sentence considering the young

(2.) AGE of the revision petitioner, that is 22 years, at that time. I find that the incident has taken place on 25/4/1995. Considering the fact that so far he was under the shadow of the order of imprisonment and considering the fact that no accident as such has resulted, the sentence is modified and confined to the fine portion alone. The sentence of rigorous imprisonment for seven days is avoided. The Crl.R.P.is allowed.