Telangana High Court
Gaddam Hari Babu vs The State Of A.P. on 20 June, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1441 OF 2010
ORDER:
The revision petitioner was convicted vide judgment dated 09.03.2010 in C.C.No.270 of 2006 by the trial Court for the offences under Sections 337 and 338 of IPC and was sentenced to undergo simple imprisonment for a period of one year under each count. The said conviction was confirmed vide judgment dated 04.08.2010 in Crl.A.No.29 of 2010 by the appellate Court. Aggrieved by the same, the present Criminal Revision Case is filed.
2. The brief facts of the case are that on 04.04.2006, the revision petitioner, who is the driver of APSRTC bus bearing No.AP 11Z 2721 of Nizamabad Depot II, drove the bus at high speed in a rash and negligent manner and on the way, when reached in front of NCS Gayathri Sugar Factory on N.H.7, at about 1:30 p.m., dashed against another RTC bus bearing No.AP 11Z 5659, which was coming from opposite direction.
3. During the course of trial, the passengers who were travelling in the Bus and got injured were examined as PWs.2 to 6 and P.W.8. They identified the accused. The said 2 identity cannot be disputed. Further, the witnesses themselves have spoken regarding injuries received by them. In support thereof, the Medical Officer was also examined.
4. In the said circumstances, the findings of the trial Court as well as the appellate Court cannot be interfered with. However, learned counsel for the revision petitioner submits that since the case is of the year 2006 and no other cases are pending against the revision petitioner, the sentence of imprisonment may be reduced. The said fact of their being no other cases is not disputed by the learned Additional Public Prosecutor.
5. Keeping in view that the accident has not resulted in any fatal injuries and the injuries are simple in nature, the sentence on both the counts is reduced to the period already undergone.
6. Accordingly, the revision is partly allowed.
Miscellaneous applications pending, if any, shall stand closed. No costs.
_____________ K.SURENDER, J Date: 20.06.2024 NDS