THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.332 of 2011 ORDER: 1 The petitioner herein was tried as accused in C.C.No.219 of 2009 for the offence punishable under sections 304-A and 337 of IPC by the learned Principal Junior Civil Judge, Kandukur. The learned Magistrate having assessed the entire evidence both oral and documentary found the petitioner guilty of the said offences and accordingly sentenced him to undergo simple imprisonment for a period of six months and further sentenced him to suffer simple imprisonment for a period of one and half months for the offences punishable under sections 304-A and 337 of IPC respectively. As against the said judgment dated 12.04.2010, the petitioner preferred Criminal Appeal No.81 of 2010 and the learned III Additional District & Sessions Judge, Fast Track Court, Ongole, by his judgment dated 08.02.2011 while concurring with the said finding given by the learned Magistrate, dismissed the said appeal. Questioning the same the accused before the trial court preferred this revision. 2 Brief facts that led to the filing of the present revision are that on the intervening night of 27/28.07.2007 when P.W.1 along with his family members was proceeding to his native place from Sullurupeta by a car bearing No. AP 26 V 1113, which was being driven by the petitioner herein, and when the car reached near Mavillagunta of Karedu Panchayat on NH – 5 Road, the petitioner drove the said car in a rash and negligent manner and hit a stationed lorry on its back side as a result of which P.W.1, Yellanki Venkateswearlu i.e. father of P.W.1 and P.W.3 sustained injuries and the father of P.W.1 succumbed to the injuries on the spot. In that connection a case in Cr.No.72 of 2002 was registered by Ulavapadu police and investigated into and after completion of investigation the police filed the charge sheet. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 08.02.2011 and the petitioner was taken into custody immediately and since then he has been in jail. So the petitioner was in jail for a period of one week. In that view of the matter, since the petitioner was in jail for a period of one week, this court is of the view that a lenient view can be taken in so far as the said sentence is concerned. 6 In the result, the sentence of simple imprisonment for a period of six months and one hand half months imposed on the petitioner for the offences punishable under sections 304-A and 337 of IPC respectively by the learned Principal Junior Civil Judge, Kandukur in C.C.No.219 of 2009 as confirmed by the learned III Additional Sessions Judge, Ongole in Crl.A.No.81 of 2010 is modified and the said sentence is reduced to that of the period which the petitioner had already undergone. Excepting the above modification, this revision in all other aspects is dismissed. -------------- 14.02.2011 Kvsn