THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.365 OF 2006 DATED 27th DECEMBER, 2012. BETWEEN : V.Malleswara Rao .. Petitioner-accused and State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.365 OF 2006 ORDER: Petitioner-accused filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the judgment dated 22.02.2006 rendered in Criminal Appeal No.72 of 2003 by the VIII Additional Sessions Judge (Fast Track Court) East Godavari District at Amalapuram. Initially, petitioner was prosecuted in C.C.No.57 of 2002 by the Additional Judicial Magistrate of First Class, Razole, wherein vide judgment dated 25.03.2003 he was convicted under Section 255 (2) Cr.P.C. for the offence punishable under Sections 304A and 337 of Indian Penal Code (in short ‘IPC’) and sentenced to undergo simple imprisonment for six months for the offence under Section 304A and also to pay a fine of Rs.500/- for the offence punishable under Section 337 IPC. Challenging the same, accused preferred Criminal Appeal No.72 of 2003. While dismissing the said appeal, the learned Appellate Judge confirmed the conviction and sentence imposed by the trial Court. Aggrieved over the same, present revision has been preferred. Heard the learned counsel for the petitioner and also perused the entire material on record. Allegations against the accused are that on 31.12.2001 at about 7.00 p.m. accused herein drove the crime auto in a rash and negligent manner and dashed against the cycle of P.W.1, due to which the deceased and P.W.1 sustained serious injuries and subsequently the deceased was succumbed to injuries. This is a case where both the Courts below gave concurrent findings against the accused by adducing reasons and prosecution has also proved the rash and negligent driving the accused. Hence, this Court is not inclined to interfere with the conviction imposed on the revision petitioner. However, considering the facts and circumstances of the case, this Court is of the view that a lenient view can be taken towards the petitioner in imposition of sentence. Hence, the conviction passed by the trial Court and confirmed by the appellate Court is hereby confirmed. However, the sentence of imprisonment imposed on the revision petitioner under both the counts is hereby reduced to that of the period already undergone by him in prison. Further, the petitioner shall pay additional fine amount of Rs.4,000/- (Rupees Four Thousands only) and Rs.500/- (Rupees Five Hundred only) for the offence punishable under Sections 304A and 337 IPC respectively before the trial Court on or before 25.02.2013, failing which he shall undergo simple imprisonment for three months. The remaining portion of the impugned judgment shall stand unchanged. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Date : 27.12.2012 sur