THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.605 OF 2004 ORDER: 1 The petitioner was tried by the learned Judicial Magistrate of I Class, Nandikotkur for the offence punishable under section 304-A of IPC and under section 134 (b) r/w 187 of the Motor Vehicles Act. During the course of trial, P.Ws.1 to 11 were examined and Ex.P.1 to P.10 were marked on behalf of the prosecution. The learned Magistrate, having accepted the said evidence let in by the prosecution, came to the conclusion that the petitioner is guilty of the said offences and accordingly convicted and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.1,000/-, in default, to suffer simple imprisonment for a period of one month for the offence punishable under section 304-A of IPC and further convicted and sentenced the petitioner to pay a fine of Rs.500/- for the offence punishable under Section 134(b) r/w 187 of the M.V. Act. Petitioner questioned the said judgment dated 12.07.2002 passed by the learned Magistrate before the learned IV Additional Sessions Judge, Kurnool in Criminal Appeal No.137 of 2002 and the learned Additional Sessions Judge, Kurnool vide his judgment dated 25.03.2004, while concurring with the said finding of the trial court, however, reduced the said sentence of one year to six months. The same is questioned in this revision. 2 Brief facts are that on 14.05.2000 at about 1.30 PM the deceased Boya Rajesh, aged about five years, after purchasing ice cream from a hawker was returning to his house and when he stood on the eastern margin of the road and was eating the ice cream, a tractor attached with the trailer bearing No.AP 21 T 7120/7121 being driven by the petitioner came from Nandikotkur side towards Pagidyala side in a rash and negligent manner, hit the deceased boy Rajesh as a result of which the deceased received head injury and died on the spot. P.W.1, 2 and others witnessed the said accident. In that connection a case in Cr.No.11 of 2000 for the offence punishable under section 304-A of IPC was registered and after completion of investigation the charge sheet was filed for the offences punishable under section 304-A of IPC and under section 134 (b) r/w 187 of the Motor Vehicles Act. 3 Heard both sides. 4 Having considered the submissions made by the learned counsel for the petitioner and also perused the judgments impugned in this revision, this court is of the view that the alleged accident, which took place on 14.05.2000 was because of the rash and negligent driving of the tractor and trailer bearing No.AP 21 T 7120 / 7021 by the petitioner only. Hence, I see no merits in this revision. 5 However, taking the fact that the petitioner was aged 20 years by the date of the alleged accident, which took place about 10 years back and further he was in jail for about ten days, this court takes a lenient view and reduces the said sentence of six months, as imposed by the appellate court, to that of the period already undergone by the petitioner. 6 Excepting the above modification, this revision, in all other aspects, is dismissed. -------------- 08.06.2010 kvsn