THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1972 OF 2010 ORDER: 1 The petitioner was tried by the learned Judicial Magistrate of I Class, Kuppam in C.C.No.142 of 2005 for the offence punishable under section 304-A of IPC. The trial court, after full fledged trial, found the petitioner guilty for the said offence and accordingly convicted and sentenced him to undergo simple imprisonment for a period of four months and also to pay a fine of Rs.500/- in default, to suffer simple imprisonment for a period of one month. The said judgment dated 16.12.2008 was questioned by way of filing Criminal Appeal No.182 of 2008 and the learned Principal Sessions Judge, Chittor by his judgment dated 18.10.2010 while confirming the said findings given by the trial court dismissed the said appeal. Hence the petitioner approached this court and filed the present revision. 2 Brief facts are that on 14.08.2005 at about 1.30 p. when the deceased Lokesh (D-1) and Venkatappa (D-2) and Muralimohan Reddy @ Murali (D-3) were proceeding on a Hero Honda Motorcycle bearing No.AP-03-K-8764, driven by Lokesh (D-1) and when they reached near Baitacheruvu on Santhipuram – Vijilapuram road, an Elcher lorry bearing No. KA-08-B-986 came from Dandikuppam side towards Santhipuram in a rash and negligent manner and dashed against the motorcycle, as a result, the rider Lokesh and pillion riders Venkatappa and Muralimohan Reddy fell down and sustained severe injuries on their persons, due to which Lokesh died on the spot and the other two were shifted to Hospital in an auto. But Venkatappa (D-2) died on the way to the hospital and Muralimohan (D-3) also died while undergoing treatment on 18.08.2005. Basing on a compliant given by P.W.1, the Sub Insepctor of Police, Rallabudugur police station registered a case against the petitioner for the offence punishable under section 304-A of IPC and after completion of investigation the charge sheet was filed. 3 Heard. 4 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference, but requested this court to take a lenient view in so far as the sentence imposed on the petitioner is concerned. 5 Having regard to the fact that the petitioner was taken into custody 18.10.2010 and as on today he is in jail, and having regard to the fact that the offence is of the year 2005 and inasmuch as the petitioner was made roaming from one court to another for all these years, this court is of the opinion that a lenient view may be taken. 6 Accordingly, the said sentence of simple imprisonment for a period of four months imposed on the petitioner by the courts below is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith if not required in any other crime. Excepting the above modification this revision in all other aspects is dismissed. -------------- 26.10.2010 Registry to send the copy Immediately. B/o Kvsn