THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.739 of 2004 ORDER: 1 The petitioner herein was tried as accused in C.C.No.228 of 1994 for the offence punishable under section 304 - A of IPC by the learned Additional Judicial Magistrate of I Class, Kavali. During the course of trial, the prosecution examined P.Ws.1 to 9 and got marked Exs.P.1 to P.9. The learned Magistrate having assessed the said evidence, found the petitioner guilty of the said offence and accordingly sentenced him to undergo rigorous imprisonment for a period of three months and also to pay a fine of Rs.1,000/, in default of payment of fine he shall suffer simple imprisonment for a period of one month. As against the said judgment dated 25.01.2000, the petitioner preferred Criminal Appeal No.33 of 2000 and the learned IV Additional District & Sessions Judge, Nellore by his judgment dated 20.06.2003 while concurring with the said finding given by the learned Magistrate, dismissed the said appeal. Questioning the same the accused before the trial court preferred this revision. 2 The case of the prosecution in brief is that on 02.06.1994 at about 11.00 am the petitioner being the driver of the lorry bearing No. AAC 2927 while proceeding from Kavali to Udayagiri and on the way at Nagireddy Palem center drove the same in a rash and negligent manner dashed against a pedestrian by name Sk. Masthan Saheb and caused injuries to his left leg as a result of which the said Masthan Saheb while undergoing treatment in the hospital passed away on account of injuries that he sustained in the accident. In that connection a case in Cr.No.27 of 1994 was registered and investigated into and after completion of investigation the charge sheet was filed. 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 20.06.2003 but as the petitioner was absent on the date of pronouncement of judgment by the appellate court, the petitioner could not be taken into custody immediately. Thereafter the petitioner surrendered himself before the police on 29.03.2004 and it is only after the revision was admitted and bail was granted by this court on 19.04.2004, the petitioner came out from the jail. So the petitioner was in jail for a period of three weeks. In that view of the matter, since the offence for which the petitioner was convicted and sentenced relates to the year 1994, further, as the sentence imposed on the petitioner is only for a period of three months and as petitioner was already in jail for a period of three weeks, this court takes a lenient view and reduces the said sentence of three months, as imposed by the courts blow, to that of the period, which the petitioner had already undergone. 6 Excepting the above modification, this revision in all other aspects is dismissed. -------------- 03.02.2011 Kvsn