HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.901 of 2004 Date:13.07.2010 Between: Uppunuri Parmeswar Reddy … Petitioner and State represented by Public Prosecutor. High Court of A.P., Hyderabad … Respondents HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.901 OF 2004 JUDGMENT: The petitioner herein-sole accused was tried in C.C.No.141 of 2000 by the learned Judicial Magistrate of First Class, Yellandu, for the offences punishable under Sections 304-A, 338 and 337 IPC. During the course of trial, on behalf of prosecution, P.Ws.1 to 13 were examined and Exs.P.1 to P.27 were marked. No oral or documentary evidence was adduced on behalf of defence. The learned Magistrate, having been satisfied with the evidence on record, came to the conclusion that the accused is guilty of the said offences, and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of six months 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 IPC, by judgment dated 03.11.2000. As the offences punishable under Sections 338 and 337 IPC are not distinct and embrace the ingredients of Section 304-A IPC, the learned Magistrate did not pass separate sentence. As against the said judgment, the accused filed Crl.A.No.153 of 2000 on the file of the III Addl. Sessions Judge, Khammam, and the same was dismissed on 20.05.2004. Being aggrieved by the same, the accused preferred this revision. For the purpose of convenience, the parties are referred to hereinafter as they were arrayed before the trial court. The case of the prosecution, in brief, is that on 25.03.2000 at about 3.00 p.m. the accused being the driver of a tractor bearing No.AP 20U 1451 and trailer bearing No.1452 drove the vehicle in a rash and negligent manner near Budidagadda while transporting maize flour bags and, as a result of which, the trailer fell over five girls, who were by the side of the road, and caused instantaneous death of two girls and injuries to others. A case in Crime No.44 of 2000 was registered on the report of an eye witness of the accident against the accused and after completion of investigation, the police filed charge sheet for the offences referred to supra. The case of the accused is of total denial. Heard both sides. Having looked into the evidence and also perused the judgments passed by the courts below, this Court is of the view that the petitioner-accused is guilty of the offences for which he was tried. Therefore, I see no merits in this revision. However, it is a fact that the alleged offence has taken place in the year 2000 and after dismissal of the appeal filed by the petitioner on 20.05.2004, he was taken into custody and thereafter this Court granted bail to him by an order dated 01.06.2004. Thus, he has undergone a sentence of 13 days. In the light of the above, this Court takes a lenient view and reduces the sentence of imprisonment from six months to that of the period already undergone by the petitioner. With the above modification, the Criminal Revision Case is dismissed. _____________________________ GOPALA KRISHNA TAMADA, J 13th July, 2010 cbs HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.901 of 2004 (Dismissed) 13th July, 2010 cbs