Telangana High Court
Md.Masthan , Musuthdar vs The State Of Ap., on 3 July, 2024
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL REVISION CASE No.808 OF 2014
O R D E R:
This Criminal Revision Case is filed under Sections 397 and
401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
aggrieved by the Judgment dated 04.04.2014 in Criminal Appeal
No.12 of 2011 passed by the learned VIII Additional District and
Sessions Judge, Rangareddy District at LB Nagar (hereinafter
referred as 'the learned appellate Court') confirming the
Judgment of Conviction and Sentence dated 12.01.2011 in
C.C.No.1208 of 2005 (Old C.C.No.402 of 2004) passed by the
learned VIII Metropolitan Magistrate at Rajendranagar
(hereinafter referred as 'the learned trial Court').
02. As there was no representation on behalf of petitioner,
this Court appointed Amicus Curiae on behalf of petitioner to
assist this Court to pass appropriate orders. Heard Ms. P.Padma
Latha Yadav, learned Amicus Curiae on behalf of petitioner and
Sri K.Rama Kotaiah, learned Assistant Public Prosecutor for the
State-respondent.
03. The brief facts of the case are that on 25.06.2004 at
about 10:00 PM., PW2 loaded Tomatoes in his DCM Van bearing
No. AP 02 V 4705 and was proceeding towards Hyderabad on
National Highway-07 along with cleaner by name Narasimha and
J.Rama Krishna, Owner of the vehicle (hereinafter referred as the
deceased Nos.1 and 2) and one Mohd.Khan (hereinafter referred
as the deceased No.3) from Madhanapally of Chittor District and
when he reached flyover bridge of Thondupally, accused drove
Lorry bearing No. AP 13 W 7221 at high speed in a rash and
negligent manner in opposite direction and dashed their DCM
van, due to which deceased No.1 died on the spot and deceased
No.2 died while undergoing treatment, other inmates of DCM van
received injuries. Based on the complaint lodged by PW2, the
Police, Shamshabad Police Station registered a case in Crime
No.215 of 2004 for the offences under Sections 304-A, 338 and
337 of the Indian Penal Code (for short 'IPC').
04. The learned trial Court vide Judgment dated
12.01.2011 passed in C.C.No.1208 of 2005 (Old C.C.No.402 of
2004) found petitioner guilty for the offence under Sections 304-A
and 337 of the IPC and sentenced him to undergo Rigorous
Imprisonment for a period of one year. Aggrieved thereby,
petitioner preferred an appeal.
05. The learned appellate Court vide Judgment dated
04.04.2014 passed in Criminal Appeal No.12 of 2011 dismissed
the appeal confirming the Judgment of Conviction and Sentence
passed by the learned trial Court. Assailing the same, the
present Criminal Revision Case is preferred.
06. Learned counsel for petitioner contended that the
learned trial Court and the learned appellate Court failed to
appreciate the evidence available on record in proper perspective
and passed their respective Judgments. Therefore, he seeks to set
aside the impugned judgment.
07. Learned Assistant Public Prosecutor submitted that
the learned appellate Court rightly passed the impugned
Judgment and the interference of this Court is unwarranted.
Therefore, learned counsel seeks to dismiss this Criminal
Revision Case.
08. Before the learned trial Court, on behalf of
prosecution, PW1 to PW17 were examined and Exs.P1 to P14
were marked. No oral or documentary evidence was adduced on
behalf of accused.
09. The learned trial Court upon careful consideration of
the material available on record found that PW1 to PW3 and PW6
who are injured and eyewitnesses to the accident, have
categorically stated that accused drove the crime lorry at high
speed and hit their DCM van, causing the death of the deceased
Nos.1 to 3 and injuries to them. It is also established by
prosecution witnesses that the driver of the crime lorry was in
sleeping condition at the time of accident and he ran away after
the accident. Moreover, PW3 identified the accused-driver.
PW13-Doctor issued wound certificates under Exs.P8 to P10
opining that PW1, PW3 and PW6 have received grievous injuries
in the said accident. The postmortem examination reports of the
deceased Nos.1 to 3 have been marked as Exs.P5 to P7, which
clearly shows that they died in the road traffic accident. The
evidence of prosecution witnesses is consistent and corroborating
with each other, thereby, the prosecution established its case
against accused that he drove the crime lorry at high speed and
in a negligent manner and dashed against DCM van resulting in
death of three person and injuries to PW1, PW3 and PW6. Based
on the oral and documentary evidence on record, the learned trial
Court by way of its Judgment convicted and sentenced petitioner
as stated supra.
10. The learned appellate Court upon re-appreciating the
material available on record confirmed the conviction and
sentence imposed against petitioner for the offence under
Sections 304-A and 337 of the IPC.
11. A perusal of the record shows that this Court vide
Order dated 15.04.2014 passed in CRL.R.C.M.P.No.1296 of 2014
suspended the sentence of imprisonment pending this Criminal
Revision Case and enlarged petitioner on bail. Thereafter, the
matter underwent several adjournments.
12. In the present case on hand, the learned trial Court as
well as the learned appellate Court concurrently held that
petitioner herein was guilty for the offence under Sections 304-A
and 337 of the IPC, which finding, in my considered view, does
not call for interference, in exercise of revisional jurisdiction
under Section 397 and 401 of the Cr.P.C., as there are no
grounds much less valid grounds, or irregularities, or illegalities,
to interfere with the well considered Judgments of both the
Courts and accordingly, this Criminal Revision Case is liable to
be dismissed.
13. However, having regard to the submissions made by
the learned Amicus Curiae, and upon considering the fact that
petitioner underwent mental agony by roaming around the
learned trial Court and the learned appellate Court, this Court
deems it appropriate to reduce the sentence of imprisonment
imposed against petitioner from one year to six months of
Rigorous Imprisonment. Petitioner is further directed to deposit
an amount of Rs.1,00,000/- (Rupees One Lakh only) within a
period of two months from today to the credit of learned trial
Court. If petitioner fails to comply with the aforesaid direction,
he shall suffer simple imprisonment for a period of one month.
On such deposit, Rs.10,000/- (Rupees Ten Thousand only) shall
be confiscated by the State towards fine amount. The legal heirs
of the deceased Nos.1 to 3 are permitted to withdraw the balance
amount of Rs.90,000/- in equal proportion, by filing appropriate
application before the learned trial Court.
14. Except the above modification, this Criminal Revision
Case in all other aspects, stand dismissed.
As a sequel, miscellaneous applications, pending if any,
shall stand closed.
_______________________
E.V. VENUGOPAL, J
Date: 03-JUL-2024
KHRM
