HON’BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No. 1407 of 2004 Date: 07-07-2010 Between: Chintala Varahalababu ………….. petitioner And State of A.P. ……. Respondent HON’BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No. 1407 of 2004 ORDER: This Revision Case is directed against the Judgment, dated 26-07-2004 in Crl.A.No.55 of 2003 passed by IV Additional District Sessions Judge, Visakhapatnam, confirming the Judgment, dated 07-08-2003 in C.C.No.58 of 2000 on the file of the Judicial First Class Magistrate, Narsipatnam, whereby and whereunder the petitioner herein was convicted for the offence under Section 304-A of IPC and sentenced to undergo simple imprisonment for one year. He was also convicted for the offence under Section 337 of IPC and sentenced to pay a fine of Rs.500/- in default to suffer simple imprisonment for two months. He was also convicted for the offences under Sections 134-A and 134-B read with 187 of the Motor Vehicles Rules and sentenced to pay a fine of Rs.200/- under each count, in default to suffer simple imprisonment for one month under each count. The brief facts of the prosecution case are that the Accused is the driver of the crime vehicle bearing No.AP 31 U 4743 (tractor) and that on 16-11- 1999 at 7-45 AM, the deceased Surla Trimurthy along with PW-3 left Yerakannapalem on TVS moped bearing No. AP 31K 5089 belonging to one S.V. Ramana for Amalapuram to distribute wedding cards of his sister- in-law. On the same day at about 9-00 AM, PW-4 noticed the accident and rushed to Amalapuram and informed the same to PW-1. Then PW-1 and others rushed to the place and verified the same and shifted PW-3, who sustained injuries, to Government Hospital, Narasipatnam and later PW-1 sent a report to the Sub-Inspector of Police, Narasipatnam, who registered the crime and investigated the case, and after completion of the investigation, they laid charge sheet against the Accused. The Accused denied the charges and claimed to be tried. The prosecution, in order to prove its case, examined PWs.1 to 12 and got marked Exs.P-1 to P-7. On defence side, none were examined and no documents were marked. On appreciation of evidence, the Accused was convicted and sentenced as stated above. The learned counsel for the Revision Petitioner confined his arguments to the quantum of sentence of imprisonment only and further submitted that the petitioner was sentenced to undergo simple imprisonment for one year for the offence under Section 304-A of IPC and he has already undergone imprisonment for one month and therefore, requested to take lenient view and reduce the sentence imprisonment for the offence under Section 304-A of IPC to the period of imprisonment already undergone by the petitioner. In view of the facts and circumstances of the case, by taking a lenient view, the sentence of imprisonment of one year imposed on the petitioner for the offence under Section 304-A of IPC is reduced to the period of imprisonment already undergone by him, however, he is sentenced to pay a fine of Rs.4,000/- within four weeks from the date of a copy of this order is made ready. So far as the other offences are concerned, the conviction and the sentence imposed by the Courts below stands confirmed. The Criminal Revision Case is allowed in part to the extent indicated above. _____________ RAJA ELANGO, J Date: 07-07-2010 YCR