THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.673 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 17.03.2011, passed by the Judge, Family Court-cum-Additional District and Sessions Judge, Nalgonda in Crl.A.No.78 of 2009, wherein and whereby the judgment, dated 19.06.2009, passed in C.C.No.368 of 2007 on the file of the Special Judicial Magistrate of First Class, (For Prohibition and Excise Offences), Nalgonda, convicting and sentencing the petitioner-accused to undergo simple imprisonment for a period of one year for the offence under punishable Section 304-A IPC, and also to pay a fine of Rs.500/- each for the offences punishable under Sections 337 and 338 IPC, in default to suffer simple imprisonment for 15 days each, was confirmed. The succinct facts of the prosecution case are that the on 25.05.2007, at about 19 hours., the de facto complainant lodged a complaint in the Police Station stating that on the same day, at about 1.30 pm., his mother Varre Parvathamma boarded an auto bearing No.AP-243-V-5470 at their village bus stage and was proceeding to Narketpally and that, on the way, when the auto reached the outskirts of Thondalvai Village, at the road turning, the driver of the auto, drove the same in a rash and negligent manner, as a result the auto turned turtle and passengers of the auto including his mother sustained injuries and later, his mother died while undergoing treatment in the hospital. After completion of the investigation, the charge sheet was filed. Heard both sides and perused the material papers on record. When the matter is taken up, learned counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for about a week. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, it is evident that the impugned judgment was pronounced on 17.03.2011 and immediately, the petitioner was taken into custody, and as on today, the petitioner is in jail for about a week. As such, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one year for the offence punishable under Section 304(A) IPC imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR