THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.376 of 2004 ORDER: This revision is directed against the judgment, dated 19.02.2004, passed by the learned X Additional District and Sessions Judge (Fast Track Court), Guntur, in Crl.A.No.70 of 2001, whereby the conviction and sentence imposed by the learned II Additional Judicial Magistrate of First Class, Gurazala, in C.C.No.131 of 2000, dated 22.01.2001, was modified. 2. In a ghostly accident that took place on 07.02.2000, seven persons were seriously injured and one person died on account of rash and negligent driving of the petitioner herein. In the light of the said accident, a case in Crime No.7 of 2000 was registered by the Police, Karempudi Police Station, against the petitioner. After investigation, the charge sheet was filed and the same was numbered as C.C.No.131 of 2000 on the file of the II Additional Judicial Magistrate of First Class, Gurazala, for the offences punishable under Sections 304-A, 338 and 337 IPC. 3. During the course of trial, the prosecution examined P.Ws.1 to 12 and exhibited Exs.P1 to P13. 4. Having considered the evidence adduced, the trial Court found the petitioner guilty of the offences punishable under Sections 304-A, 338 and 337 IPC, convicted and sentenced him to undergo R.I. for a period of two years and to pay a fine of Rs.500/- , in default, he shall suffer S.I. for three months, for the offence under Section 304-A IPC; convicted and sentenced him to undergo R.I. for a period of six months and to pay a fine of Rs.500/- ,in default, he shall suffer S.I. for one month, for the offence under Section 338 IPC; and also convicted and sentenced him to pay a fine of Rs.500/-, in default, he shall suffer S.I. for one month, for the offence under Section 337 IPC. The trial Court further observed that all the said sentences shall run concurrently. Questioning the said judgment, the petitioner filed Crl.A.No.70 of 2001 on the file of the X Additional District and Sessions Judge (Fast Track Court), Guntur. The learned Sessions Judge, having reassessed the entire evidence, acquitted the petitioner for the offence under Section 338 IPC, but confirmed the sentence imposed by the trial Court for the other two offences i.e., under Sections 304-A and 337 IPC. Hence, the petitioner approached this Court and filed the present revision. 5. The case of the prosecution, in brief, is as follows: On 07.02.2000 at about 8.00 PM, when Tirupathamma, Uppalapati Venkata Kotamma and others boarded the lorry at Palnadu bus stand in Narasaraopet to go to Karempudi to attend the coolie work in the house of Sk. Subhani, and when it crossed Julakallu and about to reach Petasanigandla road, the petitioner/accused drove it in high speed and in a rash and negligent manner and dashed the tree, as a result of which, Tirupathamma died on the spot and others received grievous injuries. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State. 7. Apparently, P.Ws.1 to 6 and 8 boarded the lorry driven by the petitioner herein and all of them received grievous injuries in the accident. From the evidence, it is clearly established that the petitioner drove the lorry in a rash and negligent manner at the relevant point of time. In those circumstances, this Court is of the view that both the Courts below are justified in finding the petitioner guilty of the offences with which he was charged and I see no reason to interfere with the judgments impugned. 8. However, having regard to the fact that the alleged accident took place on 07.02.2000 i.e., about 10 years back, this Court is of the view that a lenient view can be taken and the sentence of imprisonment of two years imposed against the petitioner for the offence under Section 304-A IPC is reduced to six months. 9. Except the said modification, in all other aspects, the criminal revision case is dismissed. ___________________________ GOPALA KRISHNA TAMADA, J Date:18.11.2010 sj