HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.486 OF 2005 Date: 01-12-2010 Between: Gudepu Srinivas. - - - Petitioner/ Appellant/ Accused. Versus The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. - - - Respondent. This Court made the following : HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.486 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of Cr.P.C is filed by the petitioner-accused against the judgment, dated 18.03.2005, rendered in Criminal Appeal No.91 of 2003 by the II Additional Sessions Judge, Warangal. The petitioner-accused was prosecuted in C.C.No.578 of 2001 for the offences punishable under Sections 304-A and 337 of IPC wherein after due trial, the learned Special Judicial Magistrate of First Class for PCR Cases at Warangal, convicted the petitioner-accused under Section 255 (2) Cr.P.C. and sentenced to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.1,000/- in default, to suffer simple imprisonment for six months for the offence punishable under Section 304-A IPC and also sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Section 337 IPC. As against the said conviction, the petitioner preferred Criminal Appeal No.91 of 2003 on the file of the learned II Additional Sessions Judge at Warangal, and the learned Sessions Judge, dismissed the appeal upholding the conviction and sentence imposed by the learned Magistrate, by judgment dated 18.03.2005. Challenging the same, the present revision is filed. Heard both sides. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the prosecution case and impugned judgments need not be adjudicated. Learned counsel for the petitioner submitted that after a lapse of 10 years, the petitioner-accused must not be sent to prison and further he is the only breadwinner of his family and has to look after his school going children. Considering the submission of the learned counsel and also it is an admitted fact that the occurrence took place in the year 2000, this Court is inclined to show some leniency against the petitioner. Accordingly, the conviction is confirmed and the sentence of imprisonment is set aside. The petitioner is directed to pay a fine of Rs.2,000/- for the offence punishable under Section 304-A IPC apart from the fine already paid before the lower Court and Rs.500/- for the offence punishable under Section 337 of IPC. The petitioner is directed to pay the fine amounts before the trial Court, within a period of eight weeks from the date of receipt of a copy of this order, in default, to undergo simple imprisonment for one month for the offence under Section 304-A IPC and one week for the offence under Section 337 IPC. With the above modification, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO, J 01-12-2010 Dsh