Gaddam Hari Babu vs The State Of A.P.
2024 Latest Caselaw 2324 Tel

Telangana High Court

Gaddam Hari Babu vs The State Of A.P. on 20 June, 2024

      THE HONOURABLE SRI JUSTICE K.SURENDER

      CRIMINAL REVISION CASE No.1441 OF 2010

ORDER:

The revision petitioner was convicted vide judgment

dated 09.03.2010 in C.C.No.270 of 2006 by the trial Court for

the offences under Sections 337 and 338 of IPC and was

sentenced to undergo simple imprisonment for a period of one

year under each count. The said conviction was confirmed

vide judgment dated 04.08.2010 in Crl.A.No.29 of 2010 by

the appellate Court. Aggrieved by the same, the present

Criminal Revision Case is filed.

2. The brief facts of the case are that on 04.04.2006, the

revision petitioner, who is the driver of APSRTC bus bearing

No.AP 11Z 2721 of Nizamabad Depot II, drove the bus at high

speed in a rash and negligent manner and on the way, when

reached in front of NCS Gayathri Sugar Factory on N.H.7, at

about 1:30 p.m., dashed against another RTC bus bearing

No.AP 11Z 5659, which was coming from opposite direction.

3. During the course of trial, the passengers who were

travelling in the Bus and got injured were examined as PWs.2

to 6 and P.W.8. They identified the accused. The said

identity cannot be disputed. Further, the witnesses

themselves have spoken regarding injuries received by them.

In support thereof, the Medical Officer was also examined.

4. In the said circumstances, the findings of the trial Court

as well as the appellate Court cannot be interfered with.

However, learned counsel for the revision petitioner submits

that since the case is of the year 2006 and no other cases are

pending against the revision petitioner, the sentence of

imprisonment may be reduced. The said fact of their being no

other cases is not disputed by the learned Additional Public

Prosecutor.

5. Keeping in view that the accident has not resulted in

any fatal injuries and the injuries are simple in nature, the

sentence on both the counts is reduced to the period already

undergone.

6. Accordingly, the revision is partly allowed.

Miscellaneous applications pending, if any, shall stand

closed. No costs.

_____________ K.SURENDER, J Date: 20.06.2024 NDS