THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1928 of 2010 ORDER: The petitioner herein was tried as the sole accused by the learned Judicial First Class Magistrate, Yellamanchilli, in C.C.No.464 of 2006, for the offences punishable under Sections 304-A and 337 of I.P.C. During the course of trial, the prosecution examined P.Ws.1 to 11 and got marked Exs.P1 to P13, and on behalf of defence, none were examined and no documents were marked. On analysis of the entire material and the evidence on record, the learned Magistrate came to the conclusion that the accused is guilty of the offences punishable under Sections 304-A and 337 of I.P.C. and, accordingly, by his judgment dated 05.01.2010, convicted him to undergo Simple Imprisonment for a period of one year and to pay a fine of Rs.3,000/-, in default to undergo Simple Imprisonment for three months, for the offence punishable under Section 304-A I.P.C., and to pay a fine of Rs.500/- for the offence punishable under Section 337 of I.P.C., in default to undergo Simple Imprisonment for one month. As against the said judgment, the accused preferred appeal in Crl.A.No.6 of 2010 before the learned VIII Additional District & Sessions Judge (FTC), Visakhapatnam, who, after considering the matter in detail, by his judgment dated 18.10.2010, while maintaining the conviction and fine amount imposed by the trial Court, reduced the imprisonment of one year to six months. Aggrieved thereby, the accused preferred the present Criminal Revision Case. The case of the prosecution, succinctly, is as follows:- On 14.05.2006 at 7.00 p.m., P.Ws.1 to 4 and deceased Nos.1 and 2 namely Nallamilli Srinu and Pragada Bapi Raju respectively boarded the van bearing No.AP 28 U 5595 at Lalacheruvu, Rajahmundry, along with mango baskets, and proceeding towards Visakhapatnam, and when they reached Penugollu village on 15.05.1006 at 1.00 a.m., the driver of the said vehicle drove the vehicle in a rash and negligent manner, due to which the vehicle turned turtle to the left side of the road and thereby deceased No.1 died on the spot and P.Ws.1 to 4 and deceased No.2 received injuries. On the report given by PW.1, the Sub-Inspector of Police, S.Rayavaram Police Station, registered a case and, after completion of investigation, filed the charge sheet. As stated supra, to substantiate its case, the prosecution examined P.Ws.1 to 11 and marked Exs.P1 to P13. On behalf of defence, no oral and documentary evidence was adduced. Having analyzed the entire oral and documentary evidence, the trial Court found the accused guilty for the offences punishable under Sections 304-A and 337 of I.P.C. and, accordingly, by judgment dated 05.01.2010, convicted and sentenced him as stated supra, and the said judgment was modified by judgment dated 18.10.2010 in Crl.A.No.6 of 2010 on the file of the learned VIII Additional District & Sessions Judge (FTC), Visakhapatnam, as stated supra. Learned counsel for the petitioner fairly conceded that it is not a fit case to acquit the petitioner-accused, but however requested this court to take a lenient view against the petitioner by reducing the punishment imposed on him. Having regard to the fact that the alleged accident took place on 15.05.2006 i.e., about 4 ½ years back and that the petitioner was in jail for about a week and also the submissions made by the learned counsel, this court is of the view that a lenient view can be taken against the petitioner by reducing the punishment imposed against him. In the result, the sentence of simple imprisonment for a period of six months for the offence punishable under section 304-A of I.P.C. imposed against the petitioner herein viz., Linkala Venu Gopal by the learned VIII Additional District & Sessions Judge (Fast Track Court), Visakhapatnam in Criminal Appeal No.6 of 2010, by his judgment dated 18.10.2010, is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. Except the above modification, in all other aspects the revision is dismissed. _________________________ GOPALA KRISHNA TAMADA,J 22.10.2010 v v