THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1710 OF 2010 ORDER: 1 Petitioner herein was tried as accused in C.C.No.254 of 2006 by the learned Additional Judicial Magistrate of I Class, Avanigadda for the offence punishable under section 304-A of IPC and under section 134 (a)&(b) read with section 187 of the Motor Vehicles Act, 1988. The trial court having analyzed the evidence of P.Ws.1 to 11 and Exs.P1 to P9, came to the conclusion that the petitioner is guilty of the said offences and accordingly convicted and sentenced him to suffer simple imprisonment for a period of six months for the offence punishable under section 304-A of IPC and to pay a fine of Rs.500/- in default to suffer simple imprisonment for a period of one month for the offence punishable under Section 134 (a) & (b) read with section 187 of Motor Vehicles Act, 1988. Questioning the said judgment dated 04.08.2009 passed by the trial court, the Petitioner preferred Criminal Appeal No.115 of 2009 and the learned VI Additional District & Sessions Judge (FT), Krishna District at Machilipatnam while confirming the conviction and sentence imposed by the trial court, dismissed the said appeal. Hence the Petitioner preferred this revision. 2 The facts in brief are that about one month back from the date of the accident, the deceased by name Pushpavathi came to Kaja Village and was residing with her daughter P.W.1. On 20.04.2006 at about 7.00 p.m. the deceased came out of her house and when she was crossing the road in front of the house of P.W.1, the Petitioner being the driver of the crime vehicle bearing registration No.AP 77 AA 7691 while coming from Kaja to Kosuru in a rash and negligent manner and at high speed, without blowing horn dashed against the deceased and as a result of which the deceased sustained severe bleeding injury on her head. Immediately she was taken to Government General Hospital, Machilipatnam where she succumbed to the said injury on the next day. In that connection a case in Cr.No.34 of 2006 under section 304-A of IPC was registered by the police and during the course of investigation the Petitioner was arrested, the crime vehicle was got examined by the Motor Vehicles Inspector and after completion of investigation, the charge sheet was filed for the alleged offences. 3 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference, but he requested the court to take a lenient view in so far as the sentence is concerned. 4 Heard the learned Additional Public Prosecutor. 5 Having regard to the said submissions made by the learned counsel for the petitioner this court looked into the record and as seen from the record, it appears, after the appellate court dismissed the appeal, the Petitioner was taken into custody on 20.09.2010 and since then he is in jail. 6 As the offences alleged against the Petitioner are under section 304-A of IPC and under section 134 (a)&(b) read with section 187 of the Motor Vehicles Act, 1988 and having regard to the fact that the Petitioner is in jail for a period of about ten days, this court is inclined to take a lenient view in so far as the said sentence is concerned. 7 Accordingly, the sentence of imprisonment for a period of six months for the offence punishable under section 304-A of IPC, imposed against the Petitioner herein by the learned Additional Judicial Magistrate of I Class, Avanigadda in C.C.No.254 of 2006 as affirmed by the leaned VI Additional District & Sessions Judge (FTC), Krishna District at Machilipatnam by judgment dated 20.09.2010 in Criminal Appeal No.115 of 2009 is reduced to that of the period, which the Petitioner has already undergone. The Petitioner is directed to be set at liberty forthwith, if not required in any other crime. Except the above modification, in all other aspects this revision is dismissed. -------------- 27.09.2010 Kvsn