THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.762 OF 2005 Between : T.Nageswara Rao ....PETITIONER A N D The State of A.P. …RESPONDENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.762 OF 2005 ORDER: This criminal revision case is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, against the judgment, dated 30.03.2005, in Crl.A.No.202 of 2004, on the file of the Principal Sessions Judge, West Godavari, Eluru, whereunder and whereby, the convictions and sentences against the petitioner/accused for the offences punishable under Sections 337 and 304A I.P.C., recorded in the judgment, dated 18.11.2004, in C.C.No.557 of 2001, on the file of Judicial Magistrate of First Class, Chintalapudi, were modified by reducing the sentence of imprisonment from two years to one year for the offence under Section 304A IPC and rest of the findings are unaltered including the fine amount. 2. Prosecution case is that the accused is the driver of the crime jeep. On 27.01.2001 at about 10.30 P.M., though persons were travelling in the crime jeep the accused drove the jeep in a rash and negligent manner. When the vehicle reached near T. Narasapuram cinema theatre turning point, the accused dashed the crime jeep to the tree situated on the road side, as a result the persons who were travelling in the said jeep sustained injuries and one of the persons died due to the injuries. Basing on the report, the Station House Officer, T.Narasapuram Police Station registered a case in Crime No.8 of 2001 under Sections 337 and 304 I.P.C. Thus, the accused has committed an offence punishable under Sections 337, and 304A I.P.C. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. Learned counsel appearing for the petitioner after arguing for some time confined his arguments only in connection with question of sentence. He further submitted that the occurrence took place in the year 2001, and after a lapse of many years if the petitioner is sent to prison prejudice would be caused to the petitioner since he has to look after his family being the only earning member of his family. 5. Considering the same, this Court is modifying the sentence recorded by the trial Court against the petitioner for the offences under Section 337 and 304A I.P.C. is concerned. The Sentence of imprisonment is reduced to one month for both the offences and sentence of fine amounts is not interfered with. 6. With the above modification, the Criminal Revision Case is disposed of. _________________________ JUSTICE RAJA ELANGO SEPTEMBER 17, 2010. YVL