APHC010035352009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA CRIMINAL REVISION CASE NO: 1382/2009 Between: 1. SYED MASTAN VALI, S/O. SAIDA, R/O. NARASARAOPET TOWN AND MANDAL, GUNTUR DISRICT. ...PETITIONER AND 1. THE STATE OF A P REP BY PP, rep.by Public Prosecutor, High Court of A.P., Hyderabad. ...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased toAggrieved by teh Judgment dt.13.08.2009 passed in Crl.A.No. 209/ of 2008 on the file of the Sessions Judge, Guntur as confirming that the sentence of rigorous imprisonment for a period of one year and also to pay a fine of Rs.500/- SI for 3 months for the offences U/s. 304-A IPC and also sentenced to undergo RI for 6 months and also to pay fine of Rs.300/- SI for 2 months for the offence U/S 338 IPC AND he is also further sentenced to undergo RI for 3 months and also to pay a fine of Rs.200/- SI for one month for the offence U/s. 337 IPC .All the sentences shall run concurrently in CC.No. 56/2005 on the file fo the II Addl. Junior Civil Judge, Narsaraopt, dt.16.6.2008 IA NO: 1 OF 2009(CRLRCMP 1894 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased -2- Crl.R.C.No.1382/2009 Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following ORDER: 1. The petitioner was arrayed as an accused in C.C.No.56 of 2005 on the file of the Court of learned II Additional Junior Civil Judge, Narasaraopet. He was found guilty of the offences punishable under Sections 304-A, 338 and 337 of the Indian Penal Code, 1860 (for short, „I.P.C.‟) and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- for the offence punishable under Section 304-A of I.P.C., rigorous imprisonment for six months and to pay a fine of Rs.300/- for the offence punishable under Section 338 of I.P.C. and also rigorous imprisonment for a period of three months and to pay a fine of Rs.200/- for the offence punishable under Section 337 of I.P.C. The order of conviction was under challenge before learned Sessions Judge, Guntur, vide Crl.A.No.209 of 2008. Learned appellate court dismissed the appeal by confirming the order of conviction. Hence, the instant criminal revision case is filed. 2. This revision is pending since 2009. On 03.07.2025, though the matter was listed as a last chance, none appears on behalf of the petitioner. Hence, a non-bailable warrant was issued against the petitioner. The -3- Crl.R.C.No.1382/2009 warrant was executed on 07.08.2026 and submitted a report before this Court, wherefrom it appears that the police authority has executed the non-bailable warrant of arrest upon the petitioner and produced before the II Additional Civil Judge Court (Junior Division), Narasaraopet, and is in custody till today. 3. Learned counsel for the petitioner submits that the petitioner is an indigent person, as such he could not arrange surety for his release, and thereby, he was kept in custody by virtue of non-bailable warrant of arrest issued by this Court. He further submits that the instant litigation is pending since long time, due to which, the petitioner is suffered with mental and financial agony. Thus, the order of substantive sentence may be converted to a fine. 4. Learned Assistant Public Prosecutor submits that the petitioner was a driver of ambulance, who dashed stationed lorry while driving in a rash and negligent manner. Consequent thereto, three persons have lost their lives. The Prosecution has successfully proved the charges against the petitioner, thereby, learned trial court has recorded the conviction. He further submits that there are no merits to entertain this present revision. 5. It appears from the prosecution case that the accused, being the driver of an ambulance belonging to “Bharathi Nursing Home” of Narasaraopet, on 07.11.2004, was proceeding to the hospital for better treatment with a person in critical condition along with the other -4- Crl.R.C.No.1382/2009 relatives, drove the ambulance at a high speed in a rash and negligent manner, hit rear side stationed lorry bearing No.AP 7U 1526 at about 2.30 a.m., resulting instantaneous death of three persons. 6. During trial, prosecution has placed several witnesses, who were examined as PWs.1 to 16. Among those witnesses, there are at least four eye witnesses including injured witnesses. Several documents, including the wound certificates of PWs.3, 4 and LW.5, were marked as Exs.P.1 to P.19. Considering the evidence on record, learned trial court observed that the prosecution has amply established the required ingredients for the offences punishable under Sections 304-A, 338 and 337 of I.P.C. On appeal, learned appellate court also scanned the evidence and found no merit. 7. I have perused the concurrent findings of learned trial court and learned appellate court. It is true that the offence punishable under Section 304-A I.P.C. is distinct in nature and the Hon‟ble Apex Court has taken a lenient view in several cases. However, in this particular case, due to the high speed and reckless driving of the petitioner, three persons have lost their lives. It further appears that learned trial court and learned appellate court have recorded concurrent findings. It is understood that the petitioner is a very poor person, due to which, he could not arrange surety for his release from the custody. However, considering the nature of the offence and the antecedents of the accused, this Court deems it appropriate to modify the sentence from -5- Crl.R.C.No.1382/2009 one year of rigorous imprisonment to four months of simple imprisonment. 8. The period of incarceration already undergone by the petitioner would be set off according to the provisions of Section 428 of Cr.P.C corresponding Section 468 of Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Accordingly, the criminal revision case is disposed of. 10. As a sequel, miscellaneous applications pending, if any, shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dated: 09.09.2026 CVD/ASN