M. Alfrred, vs The State Of Ap Rep By Its Pp Hyd.,
2022 Latest Caselaw 659 Tel

                 HONOURABLE JUSTICE G.SRI DEVI

                         CRL.RC.No.1110 of 2008

JUDGMENT:

This Criminal Revision Case is directed against the

judgment of the learned Additional Metropolitan Sessions

Judge for Trial of Communal Offence Cases-cum-VII-

Additional Metropolitan Sessions Judge, Red Hills, Hyderabad,

in Crl.A.No.458 of 2007 dated 18.07.2008, confirming the

conviction and sentence of simple imprisonment for a period of

two years for the offence punishable under Section 304-A of

I.P.C. imposed against the revision petitioner/accused by the

learned XI Additional Chief Metropolitan Magistrate,

Secunderabad, in C.C.No.583 of 2004, dated 22.10.2007.

It is the case of the prosecution that on 26.10.2003 at about

10.30 A.M., the accused, being the driver of Ambassador Car

bearing No.AP-13-V-5814, drove it with high speed in a rash

and negligent manner and hit one Traffic Police Constable of

Saifabad Traffic Police Station near Necklace Road Rotary and

after hitting the deceased, the accused being unable to control

over the vehicle also hit the Rotary, as a result of which, the

police constable sustained bleeding injuries on his head and

other parts of the body and became unconscious. Thereafter,

P.W.2, who was passing on the said route on his Motor Cycle,

shifted the injured to Apollo Hospital, for treatment, where the

duty doctors declared him as brought dead. The accused was

tried for the offence under Section 304-A of I.P.C.

The prosecution has examined P.Ws.1 to 8 and got

marked Exs.P1 to P6 to prove the guilt of the accused. On

behalf of the accused neither oral nor documentary evidence

was adduced. On a perusal of the entire evidence, both oral

and documentary, the trial Court found the revision

petitioner/accused guilty of the offence punishable under

Section 304-A of I.P.C. and accordingly convicted and

sentenced him as stated supra.

In an appeal preferred by the revision petitioner-accused

against the said conviction and sentence, the learned Additional

Metropolitan Sessions Judge for Trial of Communal Offence

Cases-cum-VII Additional Metropolitan Sessions Judge, Red

Hills, Hyderabad, confirmed the conviction and sentence

recorded by the trial Court. Aggrieved by the same, the

revision petitioner/accused preferred this criminal revision.

Heard the learned Counsel for the revision

petitioner/accused and the learned Assistant Public Prosecutor

for the respondent/State and also perused the entire material

available on record.

The evidence of P.W.2, who is the complainant and an

eyewitness to the occurrence, discloses that on the date of

incident at about 10.30 A.M. while he was passing on Necklace

road towards Khairatabad on his Hero Honda Motorcycle, he

noticed the crime vehicle coming from Secretariat side and

passing towards Khairatabad in a rash and negligent manner

and hit the deceased, who is a Traffic Constable, near

Necklance road and that the accused being unable to control

over the vehicle also hit the Rotary, as a result of which, the

deceased sustained bleeding injuries and became unconscious.

He further stated that the driver of the crime vehicle has also

sustained injuries and that the driver of the crime vehicle

(accused) and the deceased were shifted to Apollo hospital,

Hyderguda for treatment, where the doctors declared the

Traffic Constable (deceased) as brought dead. P.W.2 further

stated that he has also followed the Ambulance in which the

deceased and the accused were shifted to the hospital and that

within one hour he lodged Ex.P1 complaint with the police.

Nothing could be elicited from the cross-examination of this

witness to discredit his evidence. Even though P.W.3, who is

cited as an eyewitness to the occurrence, could not able to

identify the accused as the driver of the vehicle at the relevant

point of time, his evidence in all other aspects, corroborates the

version of P.W.2.

P.W.4 is one of the panch witnesses at the time of Ex.P2

inquest held over the dead body of the deceased. The evidence

of P.W.5-Doctor, who conducted Post Mortem Examination

over the dead body of the deceased, would indicate that the

death of the deceased was due to multiple injuries, which might

have been caused in a road accident. The evidence of P.W.6,

Motor Vehicle Inspector, would indicate that there was no

mechanical defect in the crime vehicle at the time of accident.

The report of P.W.6 further clarifies that the front body of the

Car, front doors, radiator, wind screen glass of the Car were

damaged and steering wheel was twisted and jammed. The

damage sustained by the Car also indicates the speed with

which the driver of the vehicle drove and caused the accident.

Thus, the evidence on record would disclose that the accused

was responsible for causing the death of the deceased as he

drove the crime vehicle in a rash and negligent manner.

In view of the aforementioned reasons, this Court is of the

view that the trial Court as well as the appellate Court has

given sufficient and cogent reasons in convicting and

sentencing the revision petitioner-accused. There is no reason

or justification to interfere with the said finding of the Courts

below. I find no merit in the criminal revision case and it is

liable to be dismissed.

Accordingly, the Criminal Revision Case is dismissed,

confirming the conviction and sentence imposed against the revision

petitioner/accused by the trial Court in C.C.No.583 of 2004 dated

22.10.2007, which was confirmed by the appellate Court in

Crl.A.No.458 of 2007 dated 18.07.2008. Since the revision

petitioner/accused is on bail, his bail bond is hereby cancelled and

he is directed to surrender before the trial Court forthwith for

serving out the remaining period of sentence of imprisonment,

otherwise the learned trial Judge shall take appropriate steps for

securing his presence in order to serve out the remaining period of

sentence of imprisonment.

Miscellaneous petitions, if any, pending shall stand

closed.

_____________________ JUSTICE G. SRIDEVI

15.02.2022 Gsn.