22 October 2008
Supreme Court
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CHANDRA SEKHAR Vs STATE OF A.P.

Bench: B.N. AGRAWAL,G.S. SINGHVI,AFTAB ALAM, ,
Case number: Crl.A. No.-000276-000276 / 2000
Diary number: 5178 / 1999
Advocates: S.. UDAYA KUMAR SAGAR Vs D. BHARATHI REDDY


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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.276 OF 2000

Chandra Sekhar        ...Appellant(s)

Versus

State of Andhra Pradesh       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The sole appellant was convicted by the Trial Court under Section 304-A

of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for

a period of two years and to pay fine of Rupees two thousand; in default, to undergo

further imprisonment for a period of six months.  On appeal being preferred, Sessions

Court upheld the conviction.  Thereafter,  when the matter was taken to the High

Court  in  revision,  while  upholding  the  conviction,  the  sentence  of  imprisonment

awarded against the appellant has been reduced from two years to one and a half

years.  Hence, this appeal by special leave.

Having  heard  learned  counsel  appearing  on  behalf  of  the  parties  and

perused the records, we are of the view that the High Court was quite justified in

dismissing the revision application as there was no infirmity in the order passed by

the Trial Court convicting the appellant and confirmed by the appellate court.

...2/-

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The appeal, accordingly, fails and the same is dismissed.

The bail  bonds of the appellant, who is on bail,  are cancelled and he is

directed to  be  taken  into  custody forthwith  to  serve  out  the  remaining  period  of

sentence  for which  the matter shall  be reported to this  Court by the  Trial  Court

within two months from the date of receipt of copy of this order.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

......................J.       [AFTAB ALAM]

New Delhi, October 22, 2008.