THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1599 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 17.9.2004 made in Crl.A.No.15 of 2002 by the II Additional District and Sessions Judge (FTC), Ongole, Prakasam District. The case of the prosecution is as follows: On 10.2.1996 at about 5.30 hours while P.Ws.1 to 3, Narra Lakshmamma, Kodari Pitchamma, late Narra Tirupathaiah, late Baru Ramamma, late Alasakani Lakshmamma and late Velisala Rambabu were returning to their village after having darshan of Lord Venkateswarlu in a jeep bearing No.APL 7396 driven by late B. Sydulu along N.H.5, near Santhinagar village of Gudlur Mandal, the accused drove his lorry bearing No.AP-16/U-7609 in a rash and negligent manner, while proceeding towards Kavali and allowed it to dash against the Jeep, as a result of which, the driver of the Jeep late B. Sydulu, Narra Tirupathaiah, Baru Ramamma, Alasakani Lakshmamma died on the spot due to multiple injuries, whereas P.Ws.1 to 3, Narra Lakshmamma, Kodari Pitchamma and late Velisala Rambabu and also the accused received injuries and that on information about the accident, the Sub-Inspector of Police, Gudlur P.S., along with his staff rushed to the spot and recorded the statement of P.W.1 and sent P.Ws.1 to 3 and others to hospital and registered a case in Crime No.4 of 1996 of Gudlur P.S. The above said Velisala Rambabu succumbed to injuries while undergoing treatment. After completion of the investigation, charge sheet was filed and the same was taken cognizance as C.C.No.439 of 1996 for the offences under Sections 337, 338 and 304-A IPC. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused guilty of the offences under Sections 337, 338 and 304-A IPC and accordingly sentenced him to pay a fine of Rs.500/- in default to suffer simple imprisonment for one and half months for the offence under Section 337 IPC; to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for a period of six months for the offence under Section 338 IPC and further, to undergo simple imprisonment for two years and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for a period of six months for the offence under section 304-A IPC. Challenging the said judgment, the petitioner-accused preferred an appeal in Crl.A.No.15 of 2002 before the II Additional District & Sessions Judge (FTC), Ongole. The learned Additional Sessions Judge confirmed the conviction and the sentence imposed by the Court below. Questioning the said judgment, the petitioner filed the present revision. Learned Counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but he requested to take a lenient view insofar as the sentence of imprisonment is concerned, having regard to the fact that the petitioner was in jail for a period of four days. Apparently, there are five deaths in the incident. But the fact remains that the alleged offence took place on 10.2.1996 i.e., about 15 years back. In those circumstances, though this Court is convinced that the conviction imposed by the Courts below is justified, this Court is of the view that the said sentence can be reduced to that of the period already undergone. In the result, the Criminal Revision Case is dismissed. But however, the sentence of simple imprisonment for two years for the offence under Section 304-A IPC is reduced to that of the period already undergone while enhancing the fine amount imposed by the Courts below under all the the counts viz., total fine amount of Rs.3,500/- to Rs.10,000/- to be payable to the family members of the deceased persons, within a period of four weeks from the date of receipt of a copy of this order, in default, the petitioner shall undergo the sentence of imprisonment as imposed by the Court below in this regard. _______________________ GOPALA KRISHNA TAMADA, J 24th March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1599 of 2004 24.3.2011