THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.146 OF 2004 ORDER: 1 The petitioner who was working as driver in APSRTC was tried by the learned Additional Judicial Magistrate of I Class, Kothgudem in C.C.No.560 of 1999 for the offence punishable under Sections 304-A, 338 and 337 of IPC. During the course of trial, the prosecution examined P.Ws.1 to 11 and got marked Exs.P.1 to P.9. The trial court having analysed the said evidence came to the conclusion that the petitioner is guilty of the said offences and accordingly convicted and sentenced him to undergo rigorous imprisonment for one year and also to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for a period of three months for the offence punishable under section 304-A of IPC, to undergo rigorous imprisonment for six months and also to pay a fine of Rs.1000/- in default of payment of fine he shall suffer simple imprisonment for a period of two months for the offence punishable under section 338 of IPC and further sentenced to suffer rigorous imprisonment for three months and also to pay a fine of Rs.500/- in default of payment of fine he shall suffer simple imprisonment for a period of one month for the offence punishable under section 337 of IPC. However, the substantive sentences of imprisonment imposed on the petitioner were ordered to run concurrently. Questioning the said judgment dated 07.01.2003 the petitioner preferred Criminal Appeal No.10 of 2003 and the learned II Additional Sessions Judge (FTC) Khammam by his judgment dated 27.01.2004 dismissed the said appeal. Hence this revision. 2 The case of the prosecution in brief is that on 16.06.1999 the petitioner being the driver of the RTC bus bearing No.AP 10 Z 1537 bound from Bhadrachalam to Hyderabad by overtaking a vehicle proceeding in the same direction, drove the same in a rash and negligent manner and by coming to the extreme right side of the road dashed the Trally auto bearing No.AP 20 T – 9439 driven by the deceased at Vepalagadda village because of which the auto was thrown to a side and the deceased died on the spot. P.Ws.4 and 5 who are traveling along with the auto also sustained grievous and simple injuries in the said accident. In that connection a case in Cr.No.82 of 1999 was registered for the offences punishable under sections 304-A, 338 and 337 of IPC and after completion of investigation the police filed the charge sheet. 3 Heard. 4 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference, but however, requested the court to take a lenient view in so far as the said sentence is concerned. 5 In the light of the said submission this court looked into the record. The appeal was dismissed on 27.01.2004 and immediately the petitioner was taken into custody and it is only after admission of this revision and granting of bail by this court on 03.02.2004, the petitioner came out of the jail. From the above, it is clear that the petitioner was in jail for a period of 8 days. As the said sentence imposed by the courts below is only imprisonment for one year, and as the petitioner was in jail for about 10 days and inasmuch as the offence relates to the year 1999 this court takes a lenient view. 6 Accordingly, the said sentence of simple imprisonment for a period of one year imposed on the petitioner by the courts below is reduced to that of the period, which the petitioner had already undergone. Excepting the above modification, in all other aspects this revision is dismissed. -------------- 10.11.2010 Kvsn