Andhra Pradesh High Court - Amravati
Harijanna Narasimhulu, vs Teh State Of A.P., Rep By Pp., on 21 February, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
CRL.R.C.1549 OF 2006
ORDER:-
Questioning the Judgment, dated 07-09-2006, passed by
the Additional Sessions Judge, Hindupur in Criminal Appeal
No.66 of 2005, the petitioner filed the present Criminal Revision
Case.
2. The petitioner is Accused in C.C.No.197 of 2003 on the file
of the Court of Judicial Magistrate of First Class, Hindupur. He
was tried by the learned Magistrate for the offence punishable
under Sections. 337, 338 and 304-A IPC.
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 simple
imprisonment for a period of two years besides to pay a fine of
Rs.1000/-, in default to suffer simple imprisonment for 30 days;
further the petitioner/accused was found guilty for the offence
under Section 338 IPC and was sentenced to undergo simple
imprisonment for 4 months and also the petitioner/accused was
found guilty for the offence under Section 337 IPC and was
sentenced to undergo simple imprisonment for 3 months. The
petitioner/accused is also found guilty for the offence punishable
under Sections.134(a) and (b) r/w.187 of M.V.Act and sentenced
him to pay a fine of Rs.300/- each, in default to suffer simple
imprisonment for 10 days. All the substantive sentences were
directed to be run concurrently.
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4. Aggrieved by the said conviction and sentence, the
petitioner filed Criminal Appeal No.66 of 2005 before the Court
of Additional Sessions Judge, Hindupur. The learned Additional
Sessions Judge, Hindupur while partly allowing the appeal
acquitted the petitioner/accused for the offence punishable
under Sections 337, 338 IPC and Section 134(a) of the M.V.Act
and confirmed the conviction and sentenced imposed by the trial
Court for the offence punishable under Section 304-A IPC and
134(b) of the M.V.Act.
5. The case of the prosecution is that on 30-03-2003 at about
7.50 A.M the petitioner/accused being the driver of the
Manikanta Private Bus bearing No.KA 06 4951 while proceeding
to Utakur from Hindupur on Hindupur-Penukonda road after
passing ¼ th KM from Culvert near the tamarind grove at the
barren field of B.S.T.Sreedhar Swamy, at about 8 AM while he
was overtaking RTC Bus, which was going ahead, he drove the
bus on extreme right side and dashed against the Auto bearing
No.5748. As a result of which, the passengers who were in the
Auto were crushed and four persons died instantaneously and
three persons seriously injured. Later, on the complaint of PW.1,
a case in Cr.No.46 of 2003 for the offence Under
Sections.337,338 and 304-A IPC was registered. After
completion of investigation, the police filed charge sheet.
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6. The case was taken on file as CC No.197 of 2003 on the
file of the Court of Judicial Magistrate of First Class, Hindupur.
7. In support of its case, the prosecution examined Pws.1 to
14 and marked EXs.P-1 to P-7. 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
learned Magistrate convicted the accused as aforesaid, which
was partly 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 Pws.1 to 8, it is crystal clear
that Pws.1 and 2 received grievous injuries and four persons i.e.,
Harijana Rama Lakshmi, Vodde Gopalappa, Pujari Prasad and
Harijana Adilakshmamma died in the said accident. 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. However, taking into consideration that the
incident took place on 30-03-2003 i.e., nearly 19 years back,
this court is inclined to take a lenient view with regard to
sentence of imprisonment.
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12. 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 imprisonment has been
reduced from two(2) years to one(1) year. The
petitioner/accused is directed to surrender before the trial court
for serving the remaining sentence of imprisonment. So far as
fine is concerned, the same is unaltered.
Miscellaneous Petitions pending, if any, shall stand closed
in consequence.
__________________
K.SURESH REDDY,J
21-02-2022
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TSNR
