Telangana High Court
Gangavarapu Jairaj vs The State Of A.P. on 29 February, 2024
1
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL REVISION CASE No.779 OF 2013
O R D E R:
The present Criminal Revision Case is filed against the judgment dated 13.03.2013 in Criminal Appeal No.5 of 2012 on the file of the learned Additional District and Sessions Judge, Ranga Reddy District, at Vikarabad (for short, "the appellate Court") in confirming the judgment dated 24.11.2011 in C.C.No.236 of 2010 on the file of the learned Judicial Magistrate of First Class, Chevella, R.R. District (for short, "the trial Court").
2. No representation on behalf of the petitioner. Heard Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for respondent State. Perused the record.
3. There was no representation on behalf of the petitioner on 10.02.2024. Even today also there is no representation on behalf of the petitioner inspite of listing the matter under the caption, "for dismissal". Therefore, this Court is inclined to proceed with the matter on merits of the case as per the decision of the Hon'ble Apex Court in Bani Singh and others Vs. State of Uttar 2 Pradesh 1, wherein it was categorically held that the High Court cannot dismiss any appeal for non-prosecution simpliciter without examining the merits.
4. The brief facts of the case are that on 17.03.2010 the petitioner/accused drove his motor cycle bearing No.AP 23 C 5704 in rash and negligent manner and dashed an Auto consisting five passengers. Due to which, the passenger in the Auto namely Narsimlu sustained injuries on his right leg, head, other parts of the body and while shifting him to the hospital for treatment the said Narsimlu died. Basing on the said facts, one V. Ramulu, the uncle of the deceased filed the present complaint.
5. The trial Court vide judgment cited supra found the petitioner/accused guilty for the offences under Section 304A of IPC and Sections 181 and 196 of the Motor Vehicles Act (for short, "MV Act") and sentenced him to undergo simple imprisonment for one year and pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for three months for the offence under Section 304-A of IPC. The accused is further sentenced to pay fine of Rs.500/- each for the offences under Sections 181 and 196 of MV Act, in default, to suffer simple imprisonment for 1 (1996) 4 Supreme Court Cases 720 3 fifteen days for the offences under the MV Act. All default sentences were directed to run concurrently. Assailing the same, the accused preferred an appeal.
6. The appellate Court vide judgment cited supra, dismissed the appeal confirming the judgment passed by the trial Court. Aggrieved thereby, the present Revision.
7. As per the grounds raised in the Revision, the petitioner contended that the trial Court as well as the appellate Court failed to appreciate the evidence available on record in proper perspective and concurrently found the petitioner guilty of the alleged offences. Therefore, he seeks to set aside the impugned judgment.
8. Learned Assistant Public Prosecutor contended that both the Courts upon careful scrutiny of the evidence available on record rightly passed their respective judgments and the interference of this Court is unwarranted. Therefore, he seeks to dismiss the Revision.
9. On behalf of the prosecution, the trial Court examined PWs.1 to 7 and marked Exs.P1 to P6. On behalf of the defence, none were examined but Ex D1 was marked. Upon careful 4 scrutiny of the oral and documentary evidence, the trial Court observed that the evidence of PWs.1 to 3 shows that the accident occurred due to the negligence of the accused. PW3 who is the main witness deposed that as on the date of the accident, five passengers were purported to have been travelling in the Auto including the deceased Ramulu. The accused overtook the Tata sumo in high speed and dashed the Auto due to which the deceased sustained injuries and died. It can be seen that the evidence of PW3 also corroborated with the evidence of PW5. The accused was neither holding any driving licence nor insurance. PW4 who signed Ex P2 inquest also stated that the deceased sustained injuries on his right knee and died. Ex P6 also stated that there were no mechanical defects in the vehicle and the accident occurred due to the rash and negligent driving of the accused. Therefore, the trial Court rendered the judgment cited supra.
10. Upon an appeal being preferred, the appellate Court also observed that all the prosecution witnesses unhesitatingly supported the prosecution case and corroborated with eachother and the accused failed to counter the same. Therefore, the 5 appellate Court dismissed the appeal confirming the judgment passed by the trial Court.
11. A perusal of the record shows that this Court vide order dated 31.10.2013 suspended the sentence of imprisonment imposed on the petitioner herein and ordered to release him on bail on his executing a personal bond for a sum of Rs.10,000/- with two sureties for the likesum each to the satisfaction of the appellate Court, pending Revision. Thereafter, the matter underwent several adjournments.
12. In the present case on hand, both the Courts have concurrently held that the petitioner was guilty of the offences punishable under Section.304A of IPC and Sections.181 and 196 of the MV Act, which finding, in my considered view, does not call for interference, in exercise of revisional jurisdiction under Section 397 Cr.P.C.
13. Having regard to the submissions made by both the learned counsel and upon considering the fact that the petitioner suffered mental agony and hardship during the course of litigation before the trial Court as well as the appellate Court and as eleven long years have elapsed from the date of filing this Revision, this Court in inclined to take a lenient view and reduce the sentence 6 imposed against the petitioner to the period of imprisonment already undergone by him.
14. Except the above modification, the Criminal Revision Case in all other aspects, stands dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 29.02.2024 ESP