Muluguri Mahender vs The State Of A.P.
2022 Latest Caselaw 6300 Tel

     THE HONOURABLE SRI JUSTICE K.SURENDER


       CRIMINAL REVISION CASE No.1250 OF 2007


ORDER :

This Criminal Revision Case is filed by the

petitioner-accused against the judgment dated 03.09.2007 in

Crl.A.No.90 of 2006 on the file of the learned IV Additional

Sessions Judge, Khammam, partly allowing the appeal by

modifying the sentence of imprisonment in C.C.No.163 of 2004

on the file of learned Judicial First Class Magistrate Special Mobile

Court, Khammam.

2. Heard. Perused the record.

3. A perusal of the record would reveal that the petitioner,

who was a lorry driver, on 20.12.2003 while the deceased Sri

Madava Mallaiah and other labourers were loading chilly bags into

the lorry, the petitioner negligently drove the vehicle and dashed

the deceased, who was removing the wooden log from the lorry,

due to which, the deceased was crushed in between the wooden

log and cement pillar of the building in the cold storage and

sustained injuries. The eye witnesses of the accident i.e., PW-3 to 2 KS,J Crl.R.C..No.1250 of 2022

PW-5 and PW-9 stated that the death of the deceased occurred

only on account of negligent driving on the part of the petitioner.

4. The learned counsel for the petitioner would submit that

the petitioner was not responsible for the death of deceased and

he was diligent in driving the vehicle. However, the accident

occurred and, as such, the offence under Section 304-A I.P.C., is

not made out.

5. A perusal of the record and the evidence of prosecution

witnesses would disclose that the petitioner has driven the

vehicle in negligent manner, resulting in the death of the

deceased. Therefore, this Court is of the view that the concurrent

findings of both the Courts below cannot be interfered with.

However, keeping in view the fact that the accident occurred 20

years ago and also the undertaking given by the petitioner before

this Court that he would pay an amount of Rs.50,000/- as

compensation. The Magistrate concerned shall cause appearance

of the petitioner and ensure that Rs.50,000/- is paid to

Smt.Mandava Mangamma. In case the petitioner fails to pay an

amount of Rs.50,000/- within two(02) months from the date of 3 KS,J Crl.R.C..No.1250 of 2022

this order, the petitioner shall be liable to undergo the remaining

period of imprisonment.

6. Accordingly, the Criminal Revision Case is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

                                                _______________
                                                 K.SURENDER, J

01.12.2022
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                     4                     KS,J
                                Crl.R.C..No.1250 of 2022

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No.1250 OF 2007

Date: 01.12.2022 5 KS,J Crl.R.C..No.1250 of 2022

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