Partly allowed

Chinthakayala Prabhakar, v. The State of Andhra Pradesh

Telangana HC9 Jul 2013CRLRC/901/2006

Case brief

AI extract

What is this about?

In a criminal revision regarding rash and negligent driving causing death, the High Court declined to interfere with the conviction upholding the lower courts' findings. However, acknowledging the petitioner's role as a sole breadwinner and societal stigma, the Court reduced the sentence from one year to ten months under Section 304A IPC and ordered surrender to serve the remainder.

What did the court decide?

Sentence under Section 304A IPC reduced to ten months imprisonment; period of detention set off under Section 428 Cr.P.C.; directed to surrender by 14.08.2013.

Chinthakayala Prabhakar, Vs The State of Andhra… — Execution and Attachment | Telangana HC (2013)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL REVISION CASE No.901 OF 2006

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DATED 9^th JULY, 2013.

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BETWEEN :

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Chinthakayala Prabhakar

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.. Petitioner-accused

and

State of A.P.

..Respondent

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.901 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 12.01.2006 rendered in Criminal Appeal No.5 of 2004 by the I Additional Sessions Judge, Mahabubnagar.

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Initially, petitioner-accused was prosecuted in C.C.No.193 of 2001 by the Judicial Magistrate of First Class (Special Mobile), Mahabubnagar, wherein vide judgment dated 30.12.2003 he was found guilty for the offence punishable under Sections 304A and 338 of Indian Penal Code (in short ‘IPC’), convicted under Section 255 (2) Cr.P.C. and sentenced to suffer simple imprisonment for one year and to pay fine of Rs.100/- for the offence under Section 304A IPC and also to pay fine of Rs.500/- for the offence under Section 338 IPC. Challenging the same, petitioner preferred Criminal Appeal No.5 of 2004.

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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 i.e. lorry bearing No.AP9-T-45 on 27.03.2001 in a rash and negligent manner and hitting jeep bearing No.AP-21-D-349 resulting in spot death of six persons and four others while undergoing treatment in hospital. 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.

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Further, in view of the fact that the accident caused by the revision petitioner resulted in death of as many as ten persons, this Court is not inclined to take any lenient view in imposition of sentence. However, considering the submissions of the learned counsel for the revision petitioner that the petitioner is the sole bread-winner of his family and also the humiliation and stigma suffered by him in society after the occurrence, the sentence of imprisonment imposed on the revision petitioner for the offence under Section 304A IPC is hereby reduced to ten months. Remaining portion of the impugned judgment holds good. Period of detention already suffered by the revision petitioner be given set of under Section 428 Cr.P.C. The revision petitioner is hereby directed to surrender before the trial Court on or before 14.08.2013 to suffer the remaining sentence of imprisonment, failing which, the trial Court shall take appropriate steps.

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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

Chinthakayala Prabhakar, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Chinthakayala Prabhakar, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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