THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1363 OF 2004 ORDER: 1 The petitioner herein was tried by the learned Speacial Judicial Magistrate of I Class for Excise cases, Ongole in C.C.No.233 of 2000 for the offences punishable under sections 304-A and 337 of IPC and under sections 134(a) & (b) of Motor Vehicles Act. During the course of trial, the prosecution examined P.Ws.1 to 19 and got marked Exs.P.1 to P.22. On an analysis of the said evidence let in by the prosecution, the trial court found the petitioner guilty of the offences for which he was tried and accordingly sentenced him to suffer rigorous imprisonment for six months for the offence punishable under Section 304-A of IPC and rigorous imprisonment for one month for the offence punishable under Section 337 of IPC and was further sentenced to pay a fine of Rs.150/- under each count for the offences punishable under sections 134 (a) & (b) of the Motor Vehicles Act, in default to suffer simple imprisonment for one week under the each count. As against the said judgment of the trial court dated 17.08.2001 the petitioner approached the learned VI Additional District & Sessions Court (FTC) at Ongole. The appellate court having re-appreciated the entire evidence available on record, dismissed the said appeal and confirmed the said findings of the trial court by its judgment dated 06.08.2004. Hence the present revision. 2 Brief facts are that the accused was the driver of the bus bearing No.AP 5 U 2525. On the intervening night of 06/07.03.1999 the deceased 1 to 4 and the prosecution witnesses were proceeding in a Jeep bearing No.AP 1 T 1447 to Thirupathi from Minnekallu village. When the said Jeep reached near housing board colony, Ongole, on 07.03.1999 at 3.00 hours the bus driven by the accused was coming in opposite direction in a rash and negligent manner and it dashed against the jeep. As a result, the deceased 1 to 4 died on the spot and the other received multiple injuries. The accused even without providing first aid to the injured and even without reporting the matter to the police absconded from the scene of offence. In that connection a case in Cr.No.83 of 1999 was registered and after completion of investigation the police filed charge sheet. 3 Heard both sides. 4 Apparently, there are four deaths and the said accident as per the concurrent findings of the courts below was as a result of the rash and negligent driving on the part of the petitioner. As such this court is not inclined to accept the submissions made by the learned counsel for the petitioner that there is no identification of the driver i.e. petitioner herein. In a case of this nature, in my considered view, question of identification does not arise. 5 However, as the petitioner was in jail for a period of more than three weeks as culled out from the record, and as the alleged accident took place on 07.03.1999, this court takes a lenient view and reduces the said sentence of six months to the period which the petitioner had already undergone. Excepting the said modification, in all other aspects, this revision is dismissed. --------------- 13.07.2010 Kvsn