HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.1923 of 2010 JUDGMENT: This criminal revision case is directed against the judgment of the learned I-Additional Sessions Judge, Adilabad, in Crl.A.No.125 of 2009 dated 14.10.2010 confirming the conviction and sentence of simple imprisonment for a period of one year and fine of Rs.200/-, in default, simple imprisonment for a period of two months, for the offence punishable under Section 304-A of I.P.C., imposed against the revision petitioner-accused by the learned Judicial Magistrate of First Class, Boath, in C.C.No.263 of 2005 dated 04.12.2009. It is the case of the prosecution that on 31.03.2005 at about 6.10 A.M. the revision petitioner-accused, who was the driver of the APSRTC bus bearing No.A.P.10-Z-6436 drove the bus in a rash and negligent manner at high speed on N.H.7 near Seethagondi bridge and hit the bullock cart from its behind, as a result of which, the bullock-cart fell down and three persons viz., P.Bheemji, G.Shyamrao and M.Laxmibai died on the spot, whereas one G.Uttam and G.Shashikalabai died while undergoing treatment and one G.Jangubai received grave injuries. The accused was tried for the offences punishable under Sections 304-A and 337 of I.P.C. The prosecution has examined P.Ws.1 to 27 and got marked Exs.P1 to P19 to prove the guilt of the accused. On a perusal of the entire evidence, both oral and documentary, the trial Court , while acquitting the petitioner-accused for the offence punishable under Section 337 of I.P.C., found the revision petitioner-accused guilty of the offence punishable under Section 304-A of I.P.C. and accordingly convicted and sentenced him as stated supra. In an appeal preferred by the revision petitioner-accused against the said conviction and sentence, the learned I-Additional District and Sessions Judge, Adilabad, confirmed the conviction and sentence recorded by the trial Court. Aggrieved by the same, the revision petitioner-accused preferred this criminal revision. Heard both sides. Learned Counsel for the petitioner fairly conceded that this is not a fit case to interfere with the findings recorded by the trial Court as well as the appellate Court, but, however, he requested this Court to take a lenient view in the matter since the petitioner had undergone imprisonment for a period of one month. On perusal of the entire evidence on record, this Court is of the view that the trial Court as well as the appellate Court have given sufficient and cogent reasons in convicting the revision petitioner- accused. Therefore, no interference is warranted as far as conviction is concerned, but with regard to the quantum of sentence, it may be mentioned that the alleged offence took place in the year 2005 and almost 5 years have passed and during this period the revision petitioner must have repented for what he did and that he had also undergone imprisonment for a period of more than one month as an under trial prisoner and also subsequent to the dismissal of the Ciminal Appeal on 14.10.2010. In the aforesaid circumstances and in the interest of justice, this Court is of the view that a lenient view can be taken by reducing the sentence of simple imprisonment of one year to that of the period already undergone by the revision petitioner-accused. Accordingly, the sentence of simple imprisonment for a period of one year imposed against the revision petitioner-accused for the offence punishable under Section 304-A of I.P.C. by the learned Judicial Magistrate of First Class, Boath, in C.C.No.263 of 2005, by his judgment dated 04.12.2009, as confirmed by the learned I- Additional Sessions Judge, Adilabad District, in Criminal Appeal No.125 of 2009, by his judgment dated 14.10.2010, is reduced to that of the period already undergone by him. The revision petitioner- accused is directed to be set at liberty forthwith, if not required in any other crime. Except the above modification in the sentence of imprisonment, in all other aspects the Criminal Revision Case is dismissed. _______________________________ (GOPALA KRISHNA TAMADA, J) 22-10-2010 Gsn.