Andhra Pradesh High Court - Amravati
Syed Saleem Pasha vs The State Of A.P. on 13 April, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.445 OF 2007
ORDER:-
Questioning the Judgment, dated 14-03-2007, passed by
the VII Additional District and Sessions Judge(F.T.C),
Madanapalle, Chittoor District in C.A.No.212 of 2005, the
petitioner/accused filed the present Criminal Revision Case.
2. The petitioner is Accused in C.C.No.337 of 2001 on the file
of the Court of II Additional Judicial Magistrate of First Class,
Madanapalle. He was tried by the learned Magistrate for the
offence punishable under Sections. 304-A IPC and under
Sections 134 (a)&(b) r/w.187 of the Motor Vehicles Act.
3. After completion of trial, the learned trial Magistrate
convicted the petitioner/accused for the offence under
Section.304-A IPC and sentenced him to undergo rigorous
imprisonment for a period of one year besides to pay a fine of
Rs.5,000/-, in default to suffer simple imprisonment for one
month; further the petitioner/accused was found guilty for the
offence under Section 134(b) r/w.187 of M.V. Act and was
sentenced to pay a fine of Rs.250/-, in default to suffer simple
imprisonment for 10 days. Out of the total fine amount, a sum of
Rs.4,500/- was directed to be paid to the mother of the
deceased-Pw.2 towards expenses under Section 357(1) Cr.P.C.
4. Aggrieved by the said conviction and sentence, the
petitioner filed Criminal Appeal No.212 of 2005 before the Court
of VII Additional District and Sessions Judge, Madanapalle. The
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learned VII Additional District and Sessions Judge, Madanapalle
dismissed the appeal while confirming the conviction and
sentence imposed by the trial court. Being aggrieved by the
same, the present Criminal Revision Case is filed.
5. The case of the prosecution is that on 12-09-2001 at about
3.30 P.M near Paletamma Temple, Chippili situated on
Mandanapalle-Bangalore road, the petitioner/accused being the
driver of the private Bus bearing No.KA 02 A 2552 proceeding
towards Madanapalle from Bangalore, drove the same in a rash
and negligent manner and hit the deceased-pedestrian boy and
ran over him. As a result of which, the deceased-boy crushed
under the wheels of the offending Bus and died instantaneously.
Later, the petitioner/accused fled away from the scene. Later, on
the complaint, police registered a case in Cr.No.153 of 2001 and
took up investigation. After completion of investigation, the
police filed charge sheet.
6. The case was taken on file as CC No.337 of 2001 on the
file of the Court of II Additional Judicial Magistrate of First Class,
Madanapalle.
7. In support of its case, the prosecution examined Pws.1 to
7 and marked EXs.P-1 to P-6. On behalf of the defence, no oral
or documentary evidence was adduced.
8. After closure of prosecution evidence, the accused was
examined under Section 313 Cr.P.C. and he denied the version
of the prosecution witnesses. After completion of trial, the
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learned Magistrate convicted the accused as aforesaid, which
was confirmed by the appellate court.
9. Heard both sides.
10. This court perused the entire evidence on record.
11. As seen from the evidence of Pw.2, who is none other than
the mother of the deceased-boy, it is crystal clear that as on the
date of alleged accident, she was going along with the deceased
on the left side of the road and when they reached Paletamma
temple, the offending vehicle came in opposite direction in a
rash and negligent manner and run over her son, as a result of
which, the deceased-boy died on the spot. Further, as can be
seen from the evidence of Pw.3, who is doing cultivation in the
fields situated nearby the Paletamma temple, he categorically
stated in his evidence that he observed the offending vehicle
coming at a high speed in a rash and negligent manner on the
date of alleged incident and due to which the incident happened.
Therefore, having considered the entire evidence on record, this
court did not find any reason to interfere with the conviction
recorded by the courts below.
12. However, as can be seen from the record, since there was
no representation on behalf of the petitioner, this court directed
the trial court to issue N.B.W against the petitioner/accused.
Pursuant to the order of this court, the petitioner/accused was
apprehended on 09-01-2022 and was sent to judicial custody
and since then he has been languishing in Sub Jail, Madanapalle.
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13. Therefore, taking into consideration of the above aspect
and taking into consideration that the incident took place on
12-09-2001
i.e., nearly 21 years back, this court is inclined to
take a lenient view with regard to sentence of imprisonment.
14. In that view of the matter, the Criminal Revision Case is
dismissed confirming the conviction recorded by both the courts
below. However, the sentence of rigorous imprisonment has
been reduced from one(1) year to the period already undergone
by the petitioner/accused. With regard to imposition of fine, the
same is unaltered. Since the petitioner/accused is in judicial
custody, he is directed to be released forthwith, if he is not
required in any other cases.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
13-04-2022.
TSNR
