The High Court confirmed conviction for causing death by negligence but commuted the entire imposed sentence to the period of time already undergone by the accused, citing a ten-year delay and mental agony, while retaining the monetary fine.
Sentence reduced to period already undergone; Fine confirmed; Bail granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32es ]
NOTE:- The Accused was directed to be released on bail by the order of the High Courtdated 11.09.2013 in Crl.RCMP. No.2916 of 2013 in Crl.RC No.'1899 of 2013
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL REVISION CASE NO: 1899 OF 2013
Criminal Revision Case filed under Section 397 and 401 of CrPC against thejudgment dated'19.08.2013 in Crl.A.No.57 of 2012 on the file of the Court of the lX Additional Sessions Judge, Kamareddy, preferred against the judgment dated 28-08-2012 in C.C.No.154 of 2009 on the Court of the Additional Junior Civil Judge-Cum-Special Judicial First Class Magistlate (Mobile) Court, Kamareddy.
Between:
Ambeer Purnachandra Rao, S/o Dattu Rao, Aged 27 years, Occ Agriculture/Car Driver Bearing No. AP-9R-7669, Rl/o Lingampally Village, S.S.Nagar Mandal, Nizamabad District.
...PETITIONER/APPELLANT/ACCUSED
AND
State of A.P., Represented by Public Prosecutor, High Court, Hyderabad.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner: Sri K. Ramachandra, Amicus Curiae
Counsel for the Respondent: Sri E. Ganesh, Assistant Public Prosecutor The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL REVISION CASE No.1899 OF 2013
ORDER:
This Criminal Revision Case is tiled by the revision petitioner/ accused aggrieved by the judgment dated 19.08.2013 in Crl.A.No.ST of 2012, passed by the learned IX Additional Sessions Judge, Kamareddy (for short, "appellate Court") confirming the judgment datecl 28.08.2012 in C.C.No.t54 ol 2OO9 passed by rhe learned Additional Junior Civil Judge-cum-special Judicial First Class Magistrate at Kamaredd-y (for short,,,trial Court,,).
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t
EW,J CrLR.C.No 1899of 2013
26
outskirts ofSadashivnagar,the driver of the Car bearing No.AP-9-R-7669drove the same at high speed anddashed the twopersons,who were standing underthe tree' As a result of which oneperson died on the spot and other person died w'hile undergoingtreatment The inmates of the car also sustainedinjuries- The driver of the car is accused and his name isPurnachandraRao' Basing onthe complaint made bythede-facto complainant,PW12 Assistant Sub-lnspectorof Police, Sadashivanagar' registered a caseinCr'No'83/20O9 for the offences of'IPC and on punishable underSections304-Aand 338 completion ofinvestigation,the Police filed chargesheet against theaccused in C.C.No.154 of 2009 on the file of learned AdditionalJunior Civil Judge-cum-SpecialJudicial First ClassMagistrate, Kamareddy'
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36
EW,J (:rl.R C.No.1a99 of 2013
EW,J C.LR.C.No 1899 of 2013
4-6
Court, vide judgmentdated 19.08 '2013in Cr1'A'No'57of 20 12, dismissed the appeal,by confirmingthe conviction and sentence passedby the trial Court for the offence punishable under Section 304A and 338 of IPC' Assailing the said judgment dated19.08'2013 in Crl'A'No'57 of 2012, revision passed by the appellateCourt, the petitioner/ accused has filedthe present CriminalRevision Case.
i: ;:-5'
56
EW,,l Ct|.R.C No.1899 of 2013
l,
mental agony suffered by the petitioner/ accused for all these years
\
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Crl.R.C.No 1899 of2013
been elapsed from the date of filing of these Revision, this Court is inclined to take a lenient view and while confirming the conviction against petitioner/ accused for the offences punishable under Sections 304-A and 338 of IPC, modify the sentence imposed by the trial Court and as confirmed by the appellate Court to that of the period already undergone by the revision pe titioner/ accused.
Miscellaneous Petitions, pending if any, shall stand
closed.
Sd/- K. SAILESHI /
DEPUTY REGISTRAR /
//TRUE COPY//
cTION OFFICER
V}VPR
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HIGH COURT DATED: 0211212024
ORDER
CRLRC.No.1899 of 2013
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3 issues framed by the court
Whether the conviction for offences under Sections 304-A and 338 of IPC should be maintained despite allegations of procedural irregularity such as conducting Test Identification Parade after the inci
Whether leniency is warranted given the excessive delay of ten years in disposing of the Criminal Revision Case?
How should the sentence imposed by the trial court and confirmed by the appellate court be modified?
4 provisions across 3 enactments
Ambeer Purnachandra Rao
State of A.P.
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
