Allowed

Kodi Mallaiah , Prem, v. State of A.P.

Telangana HC4 Jul 2013CRLRC/683/2006

Case brief

AI extract

What is this about?

In this criminal revision, the Supreme Court confirmed the conviction of the petitioner for rash and negligent driving under Section 304A IPC but reduced the sentence to the period already undergone. The court also directed payment of an additional fine with a threat of simple imprisonment if unpaid.

What did the court decide?

Conviction confirmed; sentence reduced to period undergone; additional fine of Rs. 5,000 imposed.

Kodi Mallaiah , Prem, Vs State of A.P. — Murder and Culpable Homicide | Telangana HC (2013)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL REVISION CASE No.683 OF 2006

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DATED 4^th JULY, 2013.

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BETWEEN :

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Kodi Mallaiah @ Prem

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.. Petitioner-accused

and

State of A.P.

..Respondent

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.683 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 20.03.2006 rendered in Criminal Appeal No.57 of 2005 by the Sessions Judge, Adilabad.

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Initially, petitioner was prosecuted in C.C.No.824 of 2001 by the Judicial Magistrate of First Class, Luxettipet, wherein vide judgment dated 27.06.2005 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 six months and to pay fine of Rs.1000/- for the said offence. Challenging the same, petitioner preferred Criminal Appeal No.57 of 2005.

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While dismissing the said appeal, the learned Appellate Judge confirmed the conviction and sentence imposed by the trial Court. 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

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i.e. tractor bearing No.AP15 T 9612 on 31.07.2001 in a rash and negligent manner and hitting one Gouri, due to which said Gouri sustained severe injuries and while undergoing treatment she succumbed to injuries. 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 2001, 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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Hence, 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.5,000/- (Rupees Five 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 : 04.07.2013 sur

Kodi Mallaiah , Prem, v. State of A.P.

Case brief

What is this about?

What did the court decide?

Kodi Mallaiah , Prem, v. State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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