THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.661 of 2004 ORDER: 1 The petitioner was tried by the learned Additional Judicial Magistrate of I Class, East &North, R.R. District in C.C.No.302 of 1997 for the offence punishable under section 304-A of IPC. 2 The facts in brief are that on 19.02.1997 the petitioner being the driver of the lorry bearing No.AP 20T 1661, drove the same in a rash and negligent manner and dashed P.W.1 M. Srinivs and his father late Jagannathacharyulu from their behind while they were returning from Hyderabad to Mansurabad on National Highway No.9 on their motor cycle, as a result of which, P.W.1 fell on ground with motor cycle on to his left side whereas his father fell down on the right side and came under the front wheel of the lorry and died on the spot. In that connection a case in Cr.No.38 of 1997 was registered by S.H.O. Vanasthalipuram for the offence punishable under section 304-A of IPC and investigated into and after completion of investigation, a charge sheet was filed. 3 During the course of trial, the prosecution examined P.Ws.1 to 6 and got marked Exs.P.1 to P.8. 4 The trial court having assessed the said evidence, came to the conclusion that the petitioner is guilty of the said offence and accordingly by its judgment dated 01.09.2003 convicted and sentenced the petitioner to suffer rigorous imprisonment for a period of one year and alto to pay an amount of Rs.2,000/- towards fine, in default, to suffer simple imprisonment for a period of three months. Questioning the same, the petitioner preferred Criminal Appeal No.106 of 2003 and the learned Principal Sessions Judge, Rangareddy District by his judgment dated 29.03.2004 while concurring with the findings given by the trial court dismissed the said appeal. Hence the present revision. 5 When the matter is taken up for hearing, the learned counsel for the petitioner fairly conceded there are no merits in this revision and that the judgments of the courts below need no interference, however, requested the court take a lenient view in so far as the said sentence imposed on the petitioner is concerned. 6 In the light of the said submission, this court looked into the record. The appellate court dismissed the appeal on 29.03.2004 and the petitioner was taken into custody immediately. It is only after this revision was admitted and bail was granted on 06.04.2004, the petitioner came out of the jail. Thus the petitioner was in jail for a period of 8 days. Since the sentence of imprisonment imposed on the petitioner is only for a period of one year and inasmuch as the petitioner was already in jail for a period of eight days, this court takes a lenient view and reduces the said sentence of rigorous imprisonment for a period of one year to that of the period which the petitioner had already undergone. 7 Excepting the above modification, this revision, in all other aspects, is dismissed. --------------- 03.02.2011 Kvsn