HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1540 of 2010 Date: September 08, 2010 Between: Manchineni Lakshminarayana. …Petitioner/Appellant/ Accused And The State of A.P., represented by Public Prosecutor, High Court of A.P., Hyderabad. …Respondent/Complainant/ Respondent * * * HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1540 of 2010 O R D E R: The petitioner herein questions the judgment of the II Additional Judicial Magistrate of First Class, Sattenapalli dated 04.6.2010 passed in C.C. No.333 of 2008 as confirmed by the learned Sessions Judge, Guntur by his judgment dated 30.8.2010 passed in Criminal Appeal No.293 of 2010. 2. During the course of trial, the prosecution examined P.Ws.1 to 7 and got exhibited Exs.P-1 to P-6. Having analysed the said oral and documentary evidence the learned Magistrate came to the conclusion that the petitioner is guilty of the said offence and accordingly sentenced him to suffer simple imprisonment for a period of six months and directed him to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of one month. The said judgment dated 04th June 2010 was questioned by the petitioner by filing a criminal appeal No.293 of 2010 and the learned Sessions Judge at Guntur in his judgment dated 30th day of August 2010 while agreeing with the findings of the learned Magistrate, dismissed the appeal. Hence the petitioner approached this Court by filing this revision. 3. The case of the prosecution as per the charge sheet filed by Amaravathi police station is as follows: The deceased Nanduri Nagaraju and P.W.2 Nanduri Jayarao boarded the auto of the accused in their village to go to Amaravathi to purchase clothes to their children on the occasion of New Year’s Day. The accused drove the auto in a rash and negligent manner at high speed and when the auto reached near agricultural farm on Pedamadduru-Amaravathi road, hit another auto as a result of which the deceased Nanduri Nagaraju received severe injuries. Nanduri Nagaraju was shifted to Community Health Centre, Amaravathi and from there to Government General Hospital, Guntur. In the early hours of 01.01.2006 Nanduri Nagaraju died and a case in crime No.1 of 2006 was registered for the offence punishable under Section 304 (A) of IPC. After investigation, a charge sheet was filed against the petitioner for the offence punishable under Section 304 (A) of IPC. As stated supra, the court below found the petitioner herein guilty of the said offence. 4. The matter was listed before this Court for admission on 06.9.2010. Having considered the submissions of the learned counsel for the petitioner, this Court felt that it is not a fit case for interference and hence directed the learned Additional Public Prosecutor to get instructions as to the period of sentence the petitioner has undergone. Today when the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that the petitioner was taken into custody on 30th August 2010 and ever since he is languishing in jail. 5. Having regard to the fact that the sentence of imprisonment imposed by the court below is only six months simple imprisonment and the petitioner is in jail for the last about ten days, this Court is of the view that the said sentence of six months can be reduced to that of the period already undergone by the petitioner. 6. Accordingly, this criminal revision case is disposed of at the stage of admission by reducing the sentence of imprisonment imposed against the petitioner – Manchineni Lakshminarayana by both the courts below for the offence punishable under Section 304 (A) of IPC to that of the period already undergone by the petitioner. The petitioner is directed to be set at liberty forthwith if not required in any other crime. Except the above modification, in all other aspects the revision is dismissed. ______________________________ GOPALAKRISHNA TAMADA, J Date: September 08, 2010. BSB