Karani Ramu, Visakhapatnam., vs The State Of Ap., Rep Pp.,
2022 Latest Caselaw 1926 AP

             HON'BLE SRI JUSTICE B.KRISHNA MOHAN

             CRIMINAL REVISION CASE No.23 OF 2017

ORDER :

No representation for the petitioner.

2. This Criminal Revision arises against the Judgment in

Criminal Appeal No.119 of 2015 on the file of the I Additional

Metropolitan Sessions Judge, Visakhapatnam dated 14.10.2016

confirming the Judgment in C.C.No.261 of 2013 on the file of

Special Magistrate Court II, Visakhapatnam dated 18.03.2015.

3. The facts of the case are that the petitioner herein is the

accused for an offence punishable under Section 304A IPC.

He was the driver of the lorry trailer bearing No. AP 31 TA 2663.

The deceased was a helper worked in the said lorry which was

belonging to Vizag. On 12.12.2011, at about 6:30 AM when the

deceased was standing at the bonfire to protect from cold wave

at the wagon loading point situated at Marripalem, the petitioner

while reversing the lorry at the iron loading point, reversed the

same without observing the deceased standing in front of the fire

near wagon loading point. Consequently because of his

negligence the trailer ran over the deceased and caused him

instantaneous death. A crime was registered for the offence

punishable under Section 304A IPC against the petitioner and the

trial Court while considering the evidence of PW1, PW2 and PW3

sentenced him for Simple Imprisonment for a period of one year

and payment of fine of Rs.500/- vide its Judgment dated

18.03.2015. The petitioner preferred an appeal before the

I Additional Metropolitan Sessions Judge, Visakhapatnam in

Criminal Appeal No.119 of 2015, on appreciation of the evidence,

the lower appellate court also dismissed the said appeal vide its

Judgment dated 14.10.2016.

4. Having regard to the above said facts and circumstances

and upon perusal of the Judgments of the courts below and the

appreciation of the evidence on record, this Court does not find

any merit to interfere with the conviction given by the trial

Court, however insofar as the sentence of imprisonment is

concerned, the same is reduced to Six months from one year by

increasing the fine amount from Rs.500/- to Rs.1,000/-.

The sentence already undergone shall be taken into

consideration for the computation of sentence of imprisonment

of six months. The said enhancement of fine shall be recovered

from the petitioner as per law and the fine amount shall be paid

by the petitioner within four (04) weeks from the date of receipt

of this order. In default, he shall undergo further sentence of

simple imprisonment for one month.

5. In the result, the Criminal Revision Case is disposed of.

Interim order, if any pending, shall stand vacated.

6. As a sequel, miscellaneous petitions, if any pending in this

case, shall stand closed.

_______________________ JUSTICE B. KRISHNA MOHAN

Dt. 21-04-2022 Yvk