HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.803 OF 2004 Dated 23-6-2010 Between:
And:
Boya Ramudu.
…Petitioner.
State of Andhra Pradesh, through the Station House Officer, P.S.Gadwal-Rural represented by the Public Prosecutor, High Court of A.P., Hyderabad.
. …Respondent.
HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.803 OF 2004 ORDER:
The Revision arises out of conviction passed on 18th November, 1998 in C.C.No.63 of 1998 by Judicial First Class Magistrate, Gadwal as confirmed by the 3rd Additional Sessions Judge, (Fast Track Court), Mahabubnagar at Gadwal on 8-4-2004 in Crl.A.No.135 of 1998 for the offence under Section 304-A I.P.C.
Petitioner herein is the accused.
2. The case of the prosecution is as follows:
Accused who was the driver of the tractor as well as the trailer drove the tractor in high speed in negligent manner on 27-3-1998, while bringing bricks, as a result of which, the trailer taken jump on the road, due to which Kalmi Seenaiah (hereinafter referred to as ‘the deceased’), who was sitting in the trailer fell down on the road and the tractor tyres ran over him, as a result of which the deceased received injuries. Immediately, the deceased was shifted to the Government Hospital Gadwal for treatment where the deceased died. In this connection, police registered the case and the same was taken on file as C.C.No.63 of 1998 for the offence under Section 304-A I.P.C.
On behalf of prosecution, P.Ws.1 to 10 were examined and Exs.P.1 to P.5 were marked. On behalf of the defence, no witnesses were examined and no documents were marked. No M.Os. were marked.
Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the material available on record.
Learned counsel for the petitioner confined his argument only to the sentence.
Taking into consideration of the offence that took place in the year 1998 and also taking into consideration that the petitioner being the only bread winner of his family, as such, he has to take care of his children, this Court is of the lenient view to set aside the sentence of imprisonment and direct the petitioner to pay a fine of Rs.3,000/- (Rupees three thousand only) apart from the fine amount already paid by him before the trial Court.
Accordingly, this Criminal Revision Case is disposed of setting aside the sentence of imprisonment and directing the petitioner to pay a fine of Rs.3,000/- (Rupees three thousand only) apart from the fine amount already paid by him before the trial Court within a period of three months from the date of receipt of a copy of this order.
With the above direction, this Criminal Revision Case is disposed of.
Justice RAJA ELANGO Dated 23-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.803 OF 2004
Dated 23-6-2010