IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWELVETH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1849 OF 2004 Between: K. Nagaraju … PETITIONER And The State of Andhra Pradesh … RESPONDENT This Court made the following: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1849 OF 2004 ORDER: This criminal revision case is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, against the judgment, dated 26.10.2004, in Crl.A.No.65 of 2000, on the file of the IV Additional Sessions Judge (Fast Track Court), Ananthapur, whereunder and whereby, the convictions and sentences against the petitioner/accused for the offences punishable under Sections 337, 338 and 304A I.P.C., recorded in the judgment, dated 03.04.2000, in C.C.No.223 of 1997, on the file of Judicial Magistrate of First Class, Tadpatri, were confirmed. Prosecution case is that the accused is the driver of the crime lorry. On 29.08.1996 about 17 persons were traveling in the crime lorry and the accused drove the lorry at high speed in a rash and negligent manner. While so, a tractor was going ahead of the crime lorry and when the accused tried to over take the tractor, he lost control over the crime lorry, resulting in death of five persons and injuries to several persons. Thus, the accused has committed an offence punishable under Sections 337, 338 and 304A I.P.C. Heard the learned counsel for the petitioner and learned Public Prosecutor. Learned counsel appearing for the petitioner after arguing for some time confined his arguments only in connection with question of sentence. The learned counsel submitted that the occurrence took place in the year 1996 and after a lapse of many years, the petitioner is sent to prison and hence, prejudice would be caused to the petitioner to look after his family and he is the only earning member of his family. Considering the same, this Court is modifying the sentence recorded by the trial Court against the petitioner for the offence under Section 304A I.P.C. is concerned. The Sentence of imprisonment is set aside and the petitioner is directed to pay sum of Rs.7,500/- apart from fine amount paid by him for the offence under Section 304A I.P.C. and the convictions and sentences of imprisonment recorded by the trial Court for the offences under Sections 337 and 338 I.P.C. are set aside and sentence of fine amounts are not interfered with. With the above modification, the Criminal Revision Case is disposed of. _________________________ JUSTICE RAJA ELANGO July 12, 2010 MD THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1849 OF 2004 July 12, 2010