THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2050 of 2004 ORDER: 1 The petitioner herein was tried as accused in C.C.No.78 of 2001 for the offence punishable under section 304-A of IPC by the learned VI Metropolitan Magistrate Vijayawada. During the course of trial, the prosecution examined P.Ws.1 to 11 and got marked Exs.P.1 to P9. The learned Magistrate having assessed the entire evidence both oral and documentary found the petitioner guilty of the said offence and accordingly sentenced him to undergo simple imprisonment for a period of 4 months and also to pay a fine of Rs.250/-, in default of payment of fine he shall suffer simple imprisonment for a period of 14 days for the offence punishable under section 304-A of IPC. As against the said judgment dated 14.02.2003, the petitioner preferred Criminal Appeal No.39 of 2003 and the learned Metropolitan Sessions Judge, Vijayawada, by his judgment dated 23.11.2004 while upholding the conviction given by the trial court, however, modified the said sentence of simple imprisonment for four months to that of three months, while maintaining the imposition of fine amount. Questioning the same the accused before the trial court preferred this revision. 2 The case of the prosecution in brief is that on 10.09.2000 the petitioner being the driver of the car bearing No.AP 16 R 6354, drove the same in a rash and negligent manner while coming from Vatsalya hospital and dashed against one Pattapu Sobhanadri (the deceased) causing severe injuries to him and as a result of the said accident, the deceased died. In that connection a case in Cr.No.143 of 2000 was registered and investigated into and after completion of investigation the police filed the charge sheet. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 23.11.2004 and the petitioner was taken into custody immediately. It is only after the revision was admitted and bail was granted by this court on 14.12.2004, the petitioner came out of the jail. From the above, the petitioner was in jail for a period of nearly 20 days. In that view of the matter, since the offence for which the petitioner was convicted and sentenced relates to the year 2000, and as the petitioner was in jail for a period of 20 days, this court takes a lenient view and reducing the said sentences of imprisonment imposed by the appellate court to that of the period, which the petitioner had already undergone. 6 Excepting the above modification, this revision in all other aspects is dismissed. -------------- 28.01.2011 Kvsn