Telangana High Court
Gorati Ramesh, Nalgonda., vs State Of Ap.,Thrlb.Nagar Ps. Rep Pp., on 10 April, 2024
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.591 of 2014
ORDER:
The present criminal revision case is filed under Sections 397 and 401 of Cr.P.C aggrieved by the Judgment dated 13.03.2014 in Crl.A.No.134 of 2011 on the file of the learned Additional Metropolitan Sessions Court, R.R. District at L.B.Nagar, wherein the Judgment dated 10.08.2011 in C.C.No.1712 of 2007 on the file of the learned II Metropolitan Magistrate, Cyberabad at L.B.Nagar, R.R. District (for short 'the trial Court') has been confirmed.
2. The brief facts of the case are that the Complainant Sri. Kuntla Sudhakar Reddy lodged a report and stated that his father K. Yadagiri Reddy and his younger sister R. Dhanamma came from Uppal and after they got down from the auto and while crossing the road to reach the house of complainant's brother, the driver of Oil Tanker bearing No.AP 24T 8088 who was proceeding from L.B.Nagar side drove his vehicle at high 2 speed and dashed to the father of complainant in a rash and negligent manner. Due to which he received injuries on his head severely and other parts of the body. Immediately, the injured was shifted to the Kamineni Hospital, where the duty doctors declared him dead. Hence, the complaint.
3. During the course of trial, on behalf of the complainant, Pws.1 to 6 were examined and got marked as Exs.P.1 to P.6. There is no evidence adduced on behalf of the accused either oral or documentary.
4. After appreciating the oral and documentary evidence on record, the trial Court has passed the judgment in C.C.No.1712 of 2007 which reads as under:
" In the result, the accused is found guilty for the offence punishable under Sections 304 A of IPC and he is convicted of the same under section 255 (2) Cr.P.C.
On question of quantum of sentence accused pleaded two grounds. Considering the above I feel that a lenient view cannot be taken against the accused in imposing the sentence. Hence accused is sentenced to undergo Rigorous imprisonment for ONE YEAR for the offence under Section 304 A of IPC and the accused is entitled to the benefit of Set-off under Section 428 of Cr.P.C. Accused is informed about his right of appeal, and if he has no means to engage a counsel to prefer appeal, he is at liberty to approach the District Legal Services Authority, Ranga Reddy District to get free legal aid."3
5. Aggrieved by the same, the revision petitioner/accused preferred an appeal before the learned appellate Court and the learned appellate Court after considering the facts and circumstances and upon perusing the Judgment of the trial Court in C.C.No.1712 of 2007, has dismissed the criminal appeal by passing the following order:
"15. In the result, the appeal is dismissed confirming the conviction and sentence passed by the II Metropolitan Magistrate, Cyberabad at L.B.Nagar, R.R. District in C.C.No.1712 of 2007 dated 10.08.2011."
Challenging the same, the present criminal revision case is preferred.
6. Heard learned counsel for the revision petitioner, learned Assistant Public Prosecutor appearing for respondent-State and perused the record.
7. There are concurrent findings of both the Courts below with regard to guilt of the revision petitioner/accused and the learned counsel for the revision petitioner/accused did not appear and place anything before this Court, which would discredit the evidence. Therefore, no interference is warranted as 4 far as conviction is concerned. In these circumstances and in the interest of justice, it is expedient to reduce the sentence of Rigorous imprisonment to the period already undergone by the revision petitioner/accused.
8. The Criminal Revision case is dismissed and the impugned Judgment is modified only to the extent of imposement of Rigorous Imprisonment of one (01) year. The revision petitioner/accused has to undergo Rigorous Imprisonment of three (03) months and has to pay Rs.1,00,000/- to the legal heirs of the deceased, in default, to undergo simple imprisonment for a period of three (03) months.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE E.V.VENUGOPAL Dated:10.04.2024 TU