Modugu Srinivasa Reddy, Nalgonda. vs The State Of A.P., Rep. By P.P., ...
2024 Latest Caselaw 2323 Tel

Telangana High Court

Modugu Srinivasa Reddy, Nalgonda. vs The State Of A.P., Rep. By P.P., ... on 20 June, 2024

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     THE HONOURABLE SRI JUSTICE K.SURENDER
       CRIMINAL REVISION CASE No.592 OF 2010
JUDGMENT:

This Criminal Revision Case is filed under Sections 397

and 401 of the Code of Criminal Procedure, 1973 (for short

'Cr.P.C.'), against the Order dated 18.03.2010 in Crl.A.No.24 of

2009, on the file of the learned Family Court-cum-Additional

District and Sessions Judge, Nalgonda, confirming the

conviction against the petitioner.

2. Heard the learned counsel for the revision petitioner -

accused and learned Additional Public Prosecutor appearing for

respondent-State.

3. Briefly, the case of the prosecution is that in the month of

April, 2007, the revision petitioner was driving Eicher Van, over

took the auto of PW-3 and dashed against the cyclist hitting

him from behind. The cyclist was proceeding from the left side

of the road. On the account of the impact the cyclist died

instantaneously.

4. On behalf of prosecution, PWs-1 to 10 were examined and

Exs-P1 to P7 were marked. Learned trial Judge placed reliance

on the evidence of PW-3, who was the auto driver, regarding the

identity of the accused. PW-2 was also an eye witness to the

said incident. According to her, she had shifted the deceased to

the hospital.

5. Since, the evidence of witnesses, PWs-2 and 3, PW-3

being independent witness, the trial Court found that it was the

accused, who had caused accident resulting in the death of

cyclist.

6. The conviction was questioned before the Sessions Court

in the appeal. The learned Sessions Judge found favour with

the findings of the learned Magistrate and confirmed the

conviction.

7. Learned counsel appearing for the revision petitioner

would submit that the identification of PW-3 is highly

improbable, since he was a stranger. Test identification parade

was not conducted and for the first time PW-3 has identified

before the Court. Learned counsel alternatively submitted that

in the event of finding the accused guilty, the sentence of

imprisonment be reduced, since he was aged 23 years, when

the incident has taken place and going to jail for a period of 15

years will have an adverse impact on his life.

8. The evidence of PWs-2 and 3, eye witnesses to the

incident is convincing. The accident is not in dispute and only

for the reason of identification before the Court by PW-3 during

trial, cannot form basis to disbelieve his evidence. The incident

such as these have lasting impact on the mind of the witnesses,

as such the identification by PW-3 in the Court cannot be

disbelieved.

9. However, keeping in view that the incident is of 2007, this

Court is inclined to reduce the sentence of imprisonment to

three months.

10. Accordingly, the Criminal Revision Case is partly allowed.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 20.06.2024 vsl