Mohd Khan , vs The State Of A.P., Rep By Pp.,
2022 Latest Caselaw 6061 Tel

       THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL REVISION CASE No.229 OF 2008

ORDER:

This revision is filed by the petitioner/accused

challenging the Judgment of the II Additional Metropolitan

Sessions Judge, Hyderabad, dated 25.01.2008 passed in

Criminal Appeal No.251 of 2007, confirming the conviction

imposed by the IX Additional Chief Metropolitan Magistrate,

Hyderabad in C.C.No.908/2003, dt.13.07.2007, and sentence

of Rigorous Imprisonment for a period of one year for the

offence under Section 304-A of the Indian Penal Code.

2. Heard learned counsel for the revision petitioner and the

learned Additional Public Prosecutor for the respondent-State.

Perused the record.

3. Briefly, the case of the prosecution is that the petitioner

who is the driver of a tanker ran over the deceased on

27.05.2003.

4. The learned Magistrate having examined PWs.1 to 9 and

marking Exs.P1 to P13, found that this petitioner/accused had

driven the vehicle in a rash and negligent manner resulting in

causing accident and death of the deceased.

5. Learned Counsel appearing for the petitioner/accused

would submit that this petitioner is down with severe ailments

and is being treated, as such, prayed for lenient view as far as

sentence is concerned.

6. Keeping in view that the incident is of the year 2003 and

since 20 years have elapsed, no useful purpose would be

served in sending this petitioner to jail.

7. Accordingly, the Criminal Revision Case is disposed off

setting aside the conviction and sentence recorded by the

II Additional Metropolitan Sessions Judge, Hyderabad, vide

Judgment dated 25.01.2008 passed in Criminal Appeal No.251

of 2007, confirming the conviction imposed by the IX

Additional Chief Metropolitan Magistrate, Hyderabad in

C.C.No.908/2003, dt.13.07.2007, and the sentence of Rigorous

Imprisonment of one year for the offence under Section 304-A

of the Indian Penal Code. The Revision Petitioner is directed to

pay compensation of Rs.40,000/- to the deceased family i.e.

PW1-father of the deceased, through the IX Additional Chief

Metropolitan Magistrate, Hyderabad, within one month from

the date of this order. Failing to pay the said amount, the

revision petitioner/accused had to undergo six months

imprisonment.

Miscellaneous Petitions, if any, pending, shall also stand

closed.

__________________ K.SURENDER, J Date: 22.11.2022 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISON CASE No. 229 OF 2008

Dt. 22.11.2022

tk