THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1859 of 2010 DATED: 08-10-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the judgment, dated 05-10-2010, in Crl.A.No.287 of 2009 passed by the learned IV Additional Chief Metropolitan Sessions Judge, Hyderabad, confirming the judgment, dated 31-08-2009, in C.C.No.708 of 2005 passed by the learned IV Additional Chief Metropolitan Magistrate, Hyderabad. 2. Petitioner herein is accused in Cr.No.126 of 2004 registered for the offences punishable under Sections 304-A and 337 IPC and Section 196 of the Motor Vehicles Act (for brevity, ‘the Act’). The Sub-Inspector of Police, Langerhouse police station, Hyderabad after completion of investigation, filed charge sheet and the same was numbered as C.C.No.708 of 2005 before the learned IV Additional Chief Metropolitan Magistrate, Hyderabad. 3. During the course of trial, P.Ws.1 to 13 were examined and Exs.P1 to P9 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. 4. Having analyzed the said evidence, the learned Magistrate found that the petitioner herein is guilty of the offences punishable under Sections 304-A and 337 IPC, and accordingly sentenced him to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.1000/-, in default to suffer simple imprisonment for a period of one month for the offence punishable under Section 304-A IPC; and to undergo rigorous imprisonment for a period of one month and also to pay a fine of Rs.100/- for the offence punishable under Section 337 IPC; and also to pay a fine of Rs.100/-, in default to undergo simple imprisonment for a period of fifteen days for the offence punishable under Section 196 of the Act. Aggrieved thereby, Crl.A.No.287 of 2009 was filed and the same was dismissed. Hence, the present revision. 5. Heard both sides. Perused the record. 6. Learned counsel for the petitioner fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for some period. 7. Having regard to the said submission and also taking the fact that the said offences committed by the petitioner are punishable under Sections 304-A and 337 IPC and Section 196 of the Act, and as the petitioner has already undergone the said sentence for some period, a lenient view can be taken by reducing the said sentence to that of the period already undergone by him. 8. Accordingly, the sentence of rigorous imprisonment of one year and also rigorous imprisonment of one month imposed against the petitioner–Basheer Ahmed, S/o Hussain Sab by the learned VI Additional Chief Metropolitan Magistrate, Hyderabad in C.C.No.708 of 2005, vide judgment, dated 31-08-2009, and as confirmed by the learned IV Additional Metropolitan Sessions Judge, Hyderabad in Crl.A.No.287 of 2009, vide judgment, dated 05-10-2010, is reduced to that of the period already undergone by him. 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. _______________________________ GOPALA KRISHNA TAMADA,J 08th October, 2010. Tsy