Bhukya Sammaiah vs The State Of Telangana
2022 Latest Caselaw 6895 Tel

                                                      Crl.R.C.No.851 of 2022
                                  1




        THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL REVISION CASE No.851 OF 2022

O R D E R:

This Criminal Revision is filed by the petitioner aggrieved by

the Judgment dated 08.12.2022 passed in Crl.Appeal No.56 of 2022

(old Crl.Appeal No.236 of 2019 on the file of Principal Sessions

Judge, Karimnagar) by the learned Principal Sessions Judge,

Hanumakonda, whereby the learned Sessions Judge confirmed the

judgment of the learned I Additional Judicial Magistrate of First

Class, Husnabad passed in C.C.No.387 of 2014 dated 03.10.2019.

2. Briefly the case of the prosecution is that, the petitioner is an

auto driver and the victims PW1 and her daughter PW3 boarded the

auto of the accused. In the said Auto while they reached Mallaram

Outskirts BT road, the petitioner - Accused allegedly drove the auto

in a rash and negligent manner, due to which, the auto turned turtle

and PW1 received injury on her left side collar bone. PW2 received

injury on her left and right knees. However, PW7 died while

undergoing treatment on the very same day.

3. The trial Court acquitted the petitioner - accused for the

offence under Section 304A of IPC, however, found that this Crl.R.C.No.851 of 2022

petitioner was guilty for the offences punishable under Sections 337

and 338 of IPC and sentenced accordingly.

4. Heard learned counsel for the petitioner - Accused and

learned Additional Public Prosecutor for the respondent-State.

5. On perusal of the material on record, the State has not

preferred any appeal against the acquittal of the accused under

Section 304A of IPC. Admittedly, the concurrent Courts found that

there was no negligent or rash act by this petitioner leading to the

death of a person. However, he was found responsible for causing

grievous hurt endangering a person's safety.

6. Section 337 of IPC is punishable upto six months or fine and

Section 338 of IPC is punishable upto to two years or fine.

7. Learned counsel appearing for the petitioner would submit

that lenient view may be taken, since the petitioner is eking out his

livelihood by driving an auto and he is the only earning member in

the family. Further, his wife and children are dependents upon the

petitioner.

Crl.R.C.No.851 of 2022

8. Keeping in view that the petitioner was not found guilty for

the offence punishable under Section 304-A of IPC, however, in the

peculiar circumstances of the case, this Court deems it appropriate

to reduce the sentence of imprisonment to the period already

undergone, subject to the condition that the petitioner shall deposit

an amount of Rs.40,000/- before the trial Court within a period of

four (04) weeks from the date of this order and upon such

depositing the amount, the said amount shall be equally disbursed

to the three victims in the said case. However, in the event of the

petitioner's failure to deposit the amount of Rs.40,000/- before the

trial Court within a period of four (04) weeks from the date of this

order, the petitioner-Accused shall undergo sentence of

imprisonment for a period of six (06) months.

9. Accordingly, the Criminal Revision is partly allowed.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________ K.SURENDER, J Date: 19.12.2022 ns Note:

C.C.By 20.12.2022.

b/o.

ns