THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1071 of 2004 13-07-2010 ORDER: This revision is filed by the petitioner-accused, questioning the judgment, dated 24-06-2004, passed in Crl.A.No.111 of 2001 by the learned Sessions Judge, Karimnagar. 2. The brief facts of the case are that on 29-05-1998 at about 04.00 hours the accused-petitioner herein, the deceased and some others went to Thangallapalli vagu and after loading the sand in the tractor and trailor, while going to Siddipet the petitioner- accused drove the tractor in a rash and negligent manner and lost control over the tractor due to which the tractor with its trailor turned turtle at a culvert in the outskirts of Nerella village and fell down by the side of the culvert and the deceased went under the trailor of the said load and died on the spot. One Palle Rajamgoud received injuries and Karre Dasharatham escaped unhurt. Thereupon, the police registered a case in Cr.No.108 of 1998 and during the course of investigation, the statements of L.Ws.1 to 6 were recorded and inquest was held over the dead body of the deceased in the presence of mediators and the Medical Officer conducted autopsy over the dead body and issued certificate. The accused was arrested and produced before the trial Court and subsequently after investigation charge sheet was filed against the accused for the offences under Sections 304-A and 337 IPC. 3. During the course of trial, P.Ws.1 to 7 were examined and Exs.P1 to P7 were marked. No oral or documentary evidence was adduced on behalf of the accused. 4. On an analysis of the entire evidence on record, the learned Magistrate came to the conclusion that the petitioner-accused is guilty of the offences punishable under Sections 304-A and 337 IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of two years for the offence under Section 304-A IPC and to further undergo rigorous imprisonment for a period of one month for the offence under Section 337 IPC and also to pay a fine of Rs.500/- and Rs.50/- for the offences under Sections 304-A IPC and 337 IPC respectively and in default of payment of fine to suffer simple imprisonment for three months and one month for the offences under Sections 304-A and 337 IPC respectively, vide his judgment, dated 01-10-2001. Aggrieved thereby, the petitioner preferred Crl.A.No.111 of 2001 before the learned Sessions Judge, Karimnagar and the learned Sessions Judge vide his judgment, dated 24-06-2004, while concurring with the finding of the trial Court that the petitioner is guilty of the said offence, reduced the sentence of rigorous imprisonment of two years for the offence under Section 304-A IPC to that of six months. So far as the sentence for the offence under Section 337 IPC is concerned, it is maintained. Aggrieved thereby, the present revision is filed by the petitioner herein. 5. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the record. 6. Having considered the said submissions and also the circumstances of the case, this Court is of the view that the Courts below are justified in holding that the petitioner is guilty of the offences under Sections 304-A and 337 IPC. Hence, I see no merits in this revision. However, taking the fact that the alleged offence took place on 29-05-1998 i.e. about twelve years back and the petitioner has suffered mental agony all these years and undergone imprisonment for certain period, this Court is of the view that the ends of justice would be met if the said sentence of six months and one month imposed by the lower appellate Court for the offences under Sections 304-A and 337 IPC respectively is hereby reduced to that of the period already undergone. However, the fine amount of Rs.500/- which was imposed by the Courts below for the offence under Section 304-A IPC is enhanced to Rs.3000/- ( rupees three thousand only) and the balance fine amount i.e. Rs.2500/- ( rupees two thousand five hundred only) shall be paid within a period of four weeks from the date of receipt of a copy of this order. In the event of his failure to pay the balance of fine amount, it is needless to observe that he has to undergo the sentence, as imposed by the lower appellate Court. 7. In the result, Criminal Revision Case is allowed in part. _______________________________ GOPALA KRISHNA TAMADA,J 13th July, 2010. Tsy