Partly allowed

A.Prasad, v. The State of A.P.

Telangana HC9 Jul 2013CRLRC/1238/2006

Case brief

AI extract

What is this about?

In this criminal revision, the High Court confirmed the conviction of the petitioner for negligently driving a lorry and causing the death of a victim. While upholding the conviction due to judicial findings, the Court reduced the remaining sentence to the period already undergone and imposed an additional fine.

What did the court decide?

Sentence reduced to period undergone; additional fine of Rs. 4,000 imposed.

A.Prasad, Vs The State of A.P. — Motor Accident Claims | Telangana HC (2013)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1238 OF 2006

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DATED 9^th JULY, 2013.

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BETWEEN :

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A.Prasad

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.. Petitioner-accused

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and

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The State of A.P.

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1238 OF 2006

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ORDER:

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Petitioner-accused filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code (in short ‘Cr.P.C.’) being aggrieved by the judgment dated 11.07.2006 rendered in Criminal Appeal No.212 of 2005 by the III Additional Sessions Judge, Nalgonda.

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Initially, petitioner was prosecuted in C.C.No.53 of 2005 by the Judicial Magistrate of First Class (Special Mobile Court), Nalgonda, wherein vide judgment dated 13.12.2005 he was found guilty for the offence punishable under Section 304A of Indian Penal Code (in short ‘IPC’), convicted under Section 255 (2) Cr.P.C. and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/- for the said offence. Challenging the same, petitioner preferred Criminal Appeal No.212 of 2005.

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While dismissing the said appeal, the learned Appellate Judge reduced the sentence of imprisonment imposed by the trial Court to six months. Aggrieved over the same, present revision has been preferred.

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Heard and perused the entire material on record.

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Allegations against the accused are of driving the crime vehicle i.e. lorry bearing No.AP26-T-6489 on 09.10.2004 in a rash and negligent manner and hitting the tractor bearing No.AP-24-U-3764 from back side resulting in instantaneous death of one Ramulu. Hence, the case.

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This is a case where both the Courts below gave concurrent findings against the accused by adducing proper reasons and the prosecution also proved the rash and negligent driving of the accused with the oral evidence of eye witnesses. Hence, this Court is not inclined to interfere with the conviction imposed on the revision petitioner by the trial Court and confirmed by the appellate Court. However, considering the nature of allegations and also the offence pertains to the year 2004, this Court is of the view that the sentence of imprisonment imposed on the revision petitioner can be reduced to some extent.

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Therefore, the conviction imposed on the revision petitioner by the trial Court and confirmed by the appellate Court is hereby confirmed. However, the sentence of imprisonment imposed on the revision petitioner is hereby reduced to that of the period already undergone by him in prison. Further, the revision petitioner shall pay an additional fine amount of Rs.4,000/- (Rupees Four Thousand only) for the offence punishable under Section 304A IPC before the trial Court on or before 30.08.2013 failing which he shall undergo simple imprisonment for three months.

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Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed.

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________________________ JUSTICE RAJA ELANGO

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Date : 09.07.2013 sur

A.Prasad, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

A.Prasad, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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