Radapaka Bhaskar, vs The State Of Ap Rep By Its Pp Hyd.,
2023 Latest Caselaw 2556 Tel

             THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

             CRIMINAL REVISION CASE No.1148 OF 2011

ORDER:

1 Heard Sri P.Prabhakar Reddy, learned counsel for the petitioner

and Sri Vizarath Ali, the learned Assistant Public Prosecutor appearing for

the State.

2 The petitioner herein along with another was tried as accused by

the learned V Additional Judicial Magistrate of I Class, Warangal, in

C.C.No.40 of 2008 for the offence punishable under Section 304-A of IPC.

During the course of trial the prosecution examined P.Ws.1 to 11 and got

marked Exs.P.1 to P.7. The learned Magistrate having assessed the

entire evidence found the petitioner and another guilty of the offence

punishable under section 304-A of IPC and accordingly convicted and

sentenced each of them to suffer rigorous imprisonment for a period of

one year and also to pay fine of Rs.500/- each, in default, to suffer

simple imprisonment for one month. Aggrieved by the said judgment

dated 22.12.2008, the petitioner, who was A.2, preferred Criminal Appeal

No.11 of 2009 on the file of the Court of the learned VIII Additional

Sessions Judge (FTC) at Warangal, and the learned Additional Sessions

Judge, while concurring with the findings arrived at by the trial Court, by

judgment dated 25.04.2011, dismissed the appeal. Questioning the same,

this revision is preferred by the petitioner / 2nd accused.

3 The case of the prosecution in brief is that on 26.11.2004 at about

8.00 pm, while the deceased by name A.Rajaiah was proceeding on the

extreme left side of the road and when reached in front of Bharath Oil

Company Petrol Pump, Fort Road, Warangal, the first accused who was

driving Bajaj Qawasaki Motorcycle bearing No.AP 36 H 1067 proceeding

from Warangal towards Shambunipet, drove the same in a rash and

negligent manner and dashed the deceased Rajaiah from his behind, as a

result of which, the deceased and A.1 fell down on the road and

sustained bleeding injuries. In the meanwhile, a tractor and trailer

bearing No.AP 36 U 3175/3176 driven by the petitioner herein in a rash

and negligent manner and at high speed ran over the motorcycle, which

in turn hit the deceased and crushed him under the tractor. In

connection with the accident, a case in Cr.No.431 of 2004 under Section

304-A of IPC was registered and investigated into. After completion of

investigation, the police laid charge sheet against the petitioner and

another for the said offence.

4 The evidence of P.W.1 is circumstantial. P.Ws.2 and 5 are the

direct witness to the accident. P.W.2 specifically deposed that on

26.11.2004 at 8.00 pm, while he was going on cycle and when he

reached Fort road petrol pump, A.1 who was going on motorcycle dashed

the deceased and A.2 (petitioner herein) who was the driver of the

tractor and trailer ran over the deceased. He specifically identified A.1

and A.2 in the Court. So also P.W.5 is another eyewitness to the

accident. His evidence is also to the effect that one old man was going

ahead of him and one motorcycle was going in the same direction. The

motorcycle dashed the old man due to which the old man fell down.

Immediately a tractor and trailer came speedily and ran over the old man

who was on the ground. The rider of the motorcycle was A.1 and the

driver of the tractor was A.2 (petitioner herein).

5 From the evidence of PWs.2 and 5, it is clear that they identified

the accused being the drivers of the respective vehicles. No enmity has

been attributed to P.Ws.2 and 5 to depose against the accused persons

so as to implicate them in the incident. In view of the categorical

evidence of P.Ws.2 and 5 who are the direct witnesses to the accident,

non-conducting of identification parade, as contended by the learned

counsel for the petitioner, is of no avail to the case of the defence.

Moreover, P.W.3 who is the owner of the tractor and trailer also deposed

that the petitioner was the driver of the tractor and trailer at the relevant

point of time.

6 From the evidence of P.Ws.2 and 5 it can also be inferred the rash

and negligence on the part of the accused at the time of accident. The

investigation reveals that the driver of the tractor and trailer lost his

control over the vehicle because of which the motorcycle got struck

between the front wheel of the tractor and the deceased was lying under

the wheel of the motorcycle. The tractor was driven towards back and

then the deceased was pulled out but the motor cycle the motorcycle

remained struck underneath the tractor. This itself shows the speed at

which the tractor was driven and the rash and negligence on the part of

the petitioner while driving the tractor and trailer.

7 There is no ambiguity or any doubt with regard to the identity of

the petitioner being the person responsible for the accident and he was

the driver of the crime vehicle at the relevant point of time. Hence, I am

of the considered opinion that the prosecution established the guilt of the

petitioner for the offence punishable under Section 304-A of IPC beyond

all reasonable doubt.

8 As far as the quantum of sentence imposed on the petitioner, the

appellate Court dismissed the appeal on 25.04.2011 and it was only after

this revision was admitted and bail was granted by this Court on

18.05.2011 the petitioner came out of the jail. Thus, the petitioner was

in jail for about three weeks.

9 Having regard to the fact that the said offence relates to the year

2008 i.e. about 14 years back and inasmuch as the petitioner was in jail

for more than three weeks, this court is of the view that lenient view can

be taken in so far as the said sentence of imprisonment imposed on the

petitioner by the courts below is concerned.

10 In the result, the sentence of imprisonment imposed on the

petitioner by both the courts below is modified and the said sentence is

reduced to that of the period, which the petitioner had already

undergone. Except the said modification in all other aspects this revision

is dismissed. Miscellaneous petitions if any pending in this criminal

petition shall also stand dismissed.

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E.V.VENUGOPAL, J.

Date: 20.09.2023 Kvsn