THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.100 of 2011 JUDGMENT: The petitioner herein was tried by the VII Additional Judicial First Class Magistrate, Rajahmundry in C.C.No.741 of 2008 for the offence punishable under Section 304-A IPC. During the course of trial, on behalf of the prosecution, P.Ws.1 to 11 were examined and Exs.P-1 to P-11 were marked. On behalf of the accused, none was examined nor any documents were marked. The learned Magistrate having analysed the entire evidence on record, by his judgment, dated, 28.05.2010, found the accused guilty of the said offence and sentenced him to suffer rigorous imprisonment for one year. The said judgment was questioned by the accused by filing Criminal Appeal No.184 of 2010 before the VIII Additional District and Sessions Judge (Fast Track Court), East Godavari, Rajahmundry, who by his judgment, dated 02.12.2010, dismissed the appeal. Hence, the present Criminal Revision Case. The case of the prosecution in brief is that on 16.02.2004, when the deceased, who was a Traffic Constable, was on duty at Morampudi Center, at about 10 am., when he was getting moved a lorry, which was under repair with the help of the crane, due to which there was heavy traffic jam, the accused, being driver of H.P. Gas tanker bearing No.HR-38A-5200 drove the same in a rash and negligent manner and while proceeding from Lalachervu to Vemagiri dashed against the deceased and when the deceased fell on the road, the front wheel ran over him and dragged him upto 30 feet. As a result of which, the deceased got crushed under the vehicle and died instantaneously. When the matter is taken up, learned counsel for the petitioner fairly conceded that it is not a case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the accused has been in jail for the past 54 days. He submitted that the judgment was rendered by the lower appellate Court on 02.12.2010 and immediately, the petitioner was taken into custody and according to him, the petitioner is in jail for the last more than 54 days. Heard the learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent-State. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, this Court is satisfied that the petitioner is in jail for the last 54 days. Further, as the alleged offence took place on 16.02.2004, and as the sentence of imprisonment imposed on the accused by both the Courts below is only one year and the petitioner had already suffered a sentence of about two months, this Court is of the view that a lenient view can be taken. Accordingly, the Criminal Revision Case is disposed of and the sentence of rigorous imprisonment of one year for the offence punishable under Section 304-A IPC, imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th January 2011 dr