Telangana High Court
CRLRC/1070/2005 of Md.Azeez, Vs The State of A.P., rep. by its Public Prosecutor, on 30 December 2010
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1070 OF 2005 DATED 30th DECEMBER, 2010. BETWEEN : Md.Azeez .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1070 OF 2005 ORDER: This is a revision arising out of
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.1070 OF 2005DATED 30[th] DECEMBER, 2010.
BETWEEN :
Md.Azeez
.. Petitioner-accused
and
The State of A.P.
..Respondent
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.1070 OF 2005
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ORDER:
This is a revision arising out of conviction imposed by the trialCourt and confirmed by the Appellate Court whereby the petitionerwas convicted for an offence under Sections 304A and 337 of IndianPenal Code and sentenced to undergo one year simple imprisonmentand to pay a fine of Rs.2,000/- for the offence under Section 304A IPCand Rs.200/- for the offence under Section 337 IPC.
Heard.
After arguing for sometime, the learned counsel for the petitionerconfined his arguments only to the extent of imposition of sentenceand prayed this Court to show some indulgence on the petitioner inimposition of sentence.
This is a case where both the Courts below gave concurrentfindings convicting the accused. Hence, this Court is not inclined to gointo the merits of the case.
Considering the fact that seven years have been lapsed from thedate of occurrence and the petitioner being the only breadwinner of hisfamily, this Court is of the view that a lenient view can be taken infavour of the petitioner in imposition of sentence.
Hence, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, thesentence of imprisonment imposed on the petitioner for the offenceunder Section 304A IPC is reduced from one year to that of the periodalready undergone by him in prison. Further, the petitioner is directedto pay a sum of Rs.2,000/- (Rupees Two Thousand only) towards finefor the offence under Section 304A IPC apart from the fine amountalready imposed by the trial Court. Petitioner shall pay the fineamount, now imposed, on or before 28.02.2011, in default to suffersimple imprisonment for two months. As far as offence under Section337 IPC is concerned, the conviction and sentence of the Courtsbelow is not interfered with.
Remaining portion of the impugned judgment shall standunchanged.
With above modification, the Criminal Revision Case is disposedof.
________________________
JUSTICE RAJA ELANGODated : 30.12.2010sur