THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1966 of 2004 JUDGMENT: The petitioner herein was tried by the Judicial First Class Magistrate, Madhira in C.C.No.235 of 1997 for the offence punishable under Section 304-A IPC. During the course of trial, the prosecution examined P.Ws.1 to 12 and got marked Exs.P- 1 to P-6. On behalf of the defence, none was examined, but Ex.D-1-a portion of 161 Cr.P.C. statement of P.W-2 was marked. The learned Magistrate having analysed the entire evidence, by his judgment, dated 08.09.2000, came to the conclusion that the petitioner is guilty of the said offence and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for one month. The said judgment was questioned by filing Criminal Appeal No.126 of 2000 and the learned III Additional Sessions Judge, (Fast Track Court), Khammam, while concurring with the said findings of the trial Court, dismissed the appeal, vide judgment, dated 19.11.2004. However, the Sessions Judge reduced the sentence from one year to six months. The same is questioned in this Revision. The case of the prosecution, in brief, is that L.W-1 gave a complaint at Madhira Rural Police Station, stating that on 06.11.1997, in the early morning, himself and the deceased boarded the bus bearing No.TMN-6651 at Nemali to proceed to Mallaram Village, and that, at about 6.45 am., the bus reached Mallaram, where himself and the deceased alighted the bus and were proceeding to their house. While so, the accused, being driver of the said bus, drove the same in a rash and negligent manner and dashed the deceased, as a result, the deceased fell down and the bus tyre ran over her right thigh and also right side ribs, due to which, she received crush injuries. Immediately, she was shifted to hospital. Later, the case was registered and during the course of investigation, after completion of all the necessary formalities, the charge sheet was filed. Learned counsel for the petitioner fairly conceded that it is not a case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for about one week. In the light of the said submission, this Court looked into the record. Apparently, the impugned judgment was pronounced on 19.11.2004 and immediately, the petitioner was sent to jail to suffer the imprisonment imposed on him. Subsequently, by virtue of the bail granted by this Court on 26.11.2004, he was released from the jail. Thus, it is evident that the petitioner was in jail for quite some time. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of six months for the offence punishable under Section 304-A IPC imposed on the petitioner-accused by the III Additional Sessions Judge, (Fast Track Court), Khammam, in Crl.A.No.126 of 2000, vide judgment, dated 19.11.2004, 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. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 27th January 2011 DR