THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.450 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 25.02.2011, passed by the II Additional District and Sessions Judge, West Godavari, Eluru in Crl.A.No.237 of 2008, confirming the judgment, dated 6.11.2008 passed in C.C.No.275 of 2007 by the II Additional Judicial Magistrate of First Class, Eluru. The case of the prosecution in brief is as follows: On 24.11.2006 at about 8.00 p.m., the deceased viz., Gone Adinarayana Rddy alias Adi, who was a driver, along with his cleaner Yelamakuri Tirupathi (defacto-complainant), loaded Chrysanthemum flowers at Kondapuram village, near Tadiparthi, Ananthapur District and proceeded towards Kadiyapulanka for unloading the same. On 25.11.2006 at about 5.30 a.m., when the deceased reached near to Chintalapati Ramachandra Raju Sugarcane fields situated between KM stones 22-23 at Pulla panchayat on NH 5 road, the accused-driver of Tractor AP 37 P 3681 and Trailer AP 37 U 4746 coming from Pulla village towards Petrol bunk for filling fuel to the tractor, with L.Ws. 2 and 3 viz., A. Kondayya and G. Pedduraju, drove the tractor in a rash and negligent manner and in a wrong direction and collided the Eicher Mini lorry of the deceased, as a result of which, the deceased, who was the driver of Eicher Mini lorry sustained injuries and died in the cabin. The defacto-complainant who is cleaner of Eicher Mini lorry sustained injury over left ear. L.Ws. 2 and 3, who were in the tractor and trailer, also sustained bleeding injuries. Later, 108 ambulance reached the spot and shifted the defacto-complainant to Area Hospital, Tadepalligudem, and L.Ws.2 and 3 were shifted to Government Hospital, Eluru. Basing on the statement given by the defacto- complainant, a case in crime No.128 of 2006 was registered. After completion of the investigation, a charge sheet was filed for the offence punishable under sections 304-A, 338 and 337 IPC and the same was taken cognizance and numbered as C.C.No.275 of 2007. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused guilty of the said offence and accordingly, sentenced him to undergo for S.I. for six months and to pay a fine of Rs.2,000/- in default to undergo S.I. for one month for the offence under Section 304-A IPC; sentenced him to pay a fine of Rs.1,000/- in default to undergo S.I. for 15 days for the offence under Section 338 IPC and further to pay a fine of Rs.500/- in default to undergo S.I. for one week for the offence under Section 337 IPC. The said judgment was questioned by filing Crl.A.No.237 of 2008. But the appellate Court dismissed the appeal. The same is questioned in this revision. Heard and perused the material available on record. Learned counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for five days. In the light of the said submission, this Court looked into the record. The material on record goes to show that the impugned judgment was pronounced on 25.02.0211 and immediately, the petitioner was taken into custody, and the petitioner has been in jail for five days. As such, this Court is of the view that a lenient view can be taken. In the result, the sentence of simple imprisonment for a period of six months for the offence punishable under section 304-A of I.P.C imposed against the petitioner herein viz., Rudravarapu Suri Babu, by the learned II Additional District & Sessions Judge, West Godavari, Eluru, in Criminal Appeal No.237 of 2008, by judgment dated 25.2.2011, is reduced to that of the period, which the petitioner has already undergone, while maintaining the sentence of fine under this Count and under Sections 338 and 337 IPC . Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. _________________________ GOPALA KRISHNA TAMADA, J 1st March, 2011 Note: CC in one week B/O Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.450 of 2011 1.3.2011