Telangana High Court
D.Barath Kumar , Bharath vs The State Of A.P. on 3 July, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.553 OF 2009
ORDER:
The revision petitioner/accused was convicted by the IV Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.1683 of 2004, vide Judgment dated 15.03.2008, for the offence under Section 304-A of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of six months and also to pay a fine of Rs.5,000/-. Aggrieved by the same the accused preferred appeal in Crl.A.No.85 of 2008 before the Metropolitan Sessions Judge, Hyderabad and the learned Sessions Judge, vide Judgment dated 30.03.2009, while dismissing the appeal confirmed the conviction and sentence of the trial Court. Aggrieved by the same, present revision is filed.
2. Heard learned counsel for the revision petitioner and learned Assistant Public Prosecutor for the respondent-State.
3. The revision petitioner was convicted by the Court below for the offence under Section 304-A of the Indian Penal Code 2 for the reason of driving the vehicle in a rash and negligent manner and hitting the deceased while he was crossing the road. The revision petitioner was driving the two wheeler.
4. In fact the revision petitioner entered into witness box and examined himself as PW1. In his evidence he did not deny the accident, however, he stated that three persons got down from the Auto and while crossing the road they were in utter confusion and they did not go in one direction. For the said reason of running on both sides of the road, accident occurred.
5. The fact remains that the accused had witnessed the persons getting down from the Auto and crossing road. In the said circumstances, unless he was driving at high speed and rash manner, the accident would not have happened.
6. There are no grounds to interfere with the finding of the Courts below. However, keeping in view that the incident is of the year 2004 and nearly 20 years have passed by, the sentence of imprisonment of the accused is reduced to three months.
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7. Accordingly, Criminal Revision Case is partly allowed reducing the sentence of imprisonment of the revision petitioner to a period of three months. Trial Court is directed to cause appearance of the revision petitioner/Accused and send him to prison to serve out the remaining part of the sentence.
As a sequel, miscellaneous applications, if any, pending shall stand closed.
___________________ K.SURENDER, J Date: 03.07.2024 tk