D.Barath Kumar , Bharath vs The State Of A.P.
2024 Latest Caselaw 2494 Tel

Telangana High Court

D.Barath Kumar , Bharath vs The State Of A.P. on 3 July, 2024

      THE HONOURABLE SRI JUSTICE K.SURENDER

        CRIMINAL REVISION CASE No.553 OF 2009

ORDER:

The revision petitioner/accused was convicted by the IV

Additional Chief Metropolitan Magistrate, Hyderabad, in

C.C.No.1683 of 2004, vide Judgment dated 15.03.2008, for

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

sentenced to undergo Rigorous Imprisonment for a period of

six months and also to pay a fine of Rs.5,000/-. Aggrieved by

the same the accused preferred appeal in Crl.A.No.85 of 2008

before the Metropolitan Sessions Judge, Hyderabad and the

learned Sessions Judge, vide Judgment dated 30.03.2009,

while dismissing the appeal confirmed the conviction and

sentence of the trial Court. Aggrieved by the same, present

revision is filed.

2. Heard learned counsel for the revision petitioner and

learned Assistant Public Prosecutor for the respondent-State.

3. The revision petitioner was convicted by the Court below

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

for the reason of driving the vehicle in a rash and negligent

manner and hitting the deceased while he was crossing the

road. The revision petitioner was driving the two wheeler.

4. In fact the revision petitioner entered into witness box

and examined himself as PW1. In his evidence he did not

deny the accident, however, he stated that three persons got

down from the Auto and while crossing the road they were in

utter confusion and they did not go in one direction. For the

said reason of running on both sides of the road, accident

occurred.

5. The fact remains that the accused had witnessed the

persons getting down from the Auto and crossing road. In the

said circumstances, unless he was driving at high speed and

rash manner, the accident would not have happened.

6. There are no grounds to interfere with the finding of the

Courts below. However, keeping in view that the incident is of

the year 2004 and nearly 20 years have passed by, the

sentence of imprisonment of the accused is reduced to three

months.

7. Accordingly, Criminal Revision Case is partly allowed

reducing the sentence of imprisonment of the revision

petitioner to a period of three months. Trial Court is directed

to cause appearance of the revision petitioner/Accused and

send him to prison to serve out the remaining part of the

sentence.

As a sequel, miscellaneous applications, if any, pending

shall stand closed.

___________________ K.SURENDER, J Date: 03.07.2024 tk