HON'BLE SRI JUSTICE B.KRISHNA MOHAN
CRIMINAL REVISION CASE No.23 OF 2017
ORDER :
No representation for the petitioner.
2. This Criminal Revision arises against the Judgment in Criminal Appeal No.119 of 2015 on the file of the I Additional Metropolitan Sessions Judge, Visakhapatnam dated 14.10.2016 confirming the Judgment in C.C.No.261 of 2013 on the file of Special Magistrate Court II, Visakhapatnam dated 18.03.2015.
3. The facts of the case are that the petitioner herein is the accused for an offence punishable under Section 304A IPC. He was the driver of the lorry trailer bearing No. AP 31 TA 2663. The deceased was a helper worked in the said lorry which was belonging to Vizag. On 12.12.2011, at about 6:30 AM when the deceased was standing at the bonfire to protect from cold wave at the wagon loading point situated at Marripalem, the petitioner while reversing the lorry at the iron loading point, reversed the same without observing the deceased standing in front of the fire near wagon loading point. Consequently because of his negligence the trailer ran over the deceased and caused him instantaneous death. A crime was registered for the offence punishable under Section 304A IPC against the petitioner and the trial Court while considering the evidence of PW1, PW2 and PW3 2 sentenced him for Simple Imprisonment for a period of one year and payment of fine of Rs.500/- vide its Judgment dated 18.03.2015. The petitioner preferred an appeal before the I Additional Metropolitan Sessions Judge, Visakhapatnam in Criminal Appeal No.119 of 2015, on appreciation of the evidence, the lower appellate court also dismissed the said appeal vide its Judgment dated 14.10.2016.
4. Having regard to the above said facts and circumstances and upon perusal of the Judgments of the courts below and the appreciation of the evidence on record, this Court does not find any merit to interfere with the conviction given by the trial Court, however insofar as the sentence of imprisonment is concerned, the same is reduced to Six months from one year by increasing the fine amount from Rs.500/- to Rs.1,000/-. The sentence already undergone shall be taken into consideration for the computation of sentence of imprisonment of six months. The said enhancement of fine shall be recovered from the petitioner as per law and the fine amount shall be paid by the petitioner within four (04) weeks from the date of receipt of this order. In default, he shall undergo further sentence of simple imprisonment for one month.
5. In the result, the Criminal Revision Case is disposed of. Interim order, if any pending, shall stand vacated. 3
6. As a sequel, miscellaneous petitions, if any pending in this case, shall stand closed.
_______________________ JUSTICE B. KRISHNA MOHAN Dt. 21-04-2022 Yvk