Vijayan G vs. State Of Kerala

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 988 OF 2014 (@ S.L.P.(CRL.) No. 2485/2013)

Vijayan G. Appellant

VERSUS

State of Kerala Respondent

O R D E R

Leave granted.

This appeal is directed against the judgment and order dated 19.11.2012 passed by the High Court of Kerala at Ernakulam in Criminal Revision Petition No. 2277 of 2012 whereby High Court has affirmed the findings recorded by the Sessions Court as also of the Trial Court holding the appellant guilty under Sections 279 and 304A of the Indian Penal Code and sentenced him to undergo simple imprisonment for three months each and to pay a fine of Rs.10,000/-.

We have heard learned counsel for the appellant as also counsel for the State. Learned counsel for the appellant also submitted that he 2

has already paid Rs.1,50,000/- as compensation to the respondent. Since the case is of the year 2004, we feel that the ends of justice would be met if the sentence of the appellant is reduced to a fortnight provided the appellant pays fine, which he had already done by paying compensation to the claimants of the deceased.

Accordingly, the appeal is partly allowed and the order of the Trial Court, as affirmed by

the Sessions Court and the High Court, stands modified whereby the sentence of the appellant is reduced from three months to a fortnight and the remaining sentence stands substituted with the amount of fine paid by way of compensation.

The appellant shall surrender before the Trial Court to serve the remaining sentence.

........................J. (GYAN SUDHA MISRA)

........................J. (V. GOPALA GOWDA)

NEW DELHI APRIL 07, 2014

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ITEM NO.201 COURT NO.9 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl) No(s).2485/2013 (From the judgement and order dated 19/11/2012 in CRLRP No.2277/2012, of The HIGH COURT OF KERALA AT ERNAKULAM) VIJAYAN G. Petitioner(s) VERSUS STATE OF KERALA Respondent(s) (With appln(s) for bail) Date: 07/04/2014 This Petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE V. GOPALA GOWDA For Petitioner(s) Mr. Raghenth Basant, Adv. Mr. Arjun Singh Bhati, Adv. Mr. Hardeep Singh, Adv. Mr.Senthil Jagadeesan, Adv. For Respondent(s) Ms. Bina Madhavan, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal is party allowed in terms of the signed order.

(NAVEEN KUMAR) (S.S.R. KRISHNA) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)