HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 1680 of 2002 DATE:04.06.2010 Between: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1680 of 2002 JUDGMENT: The petitioner herein was tried as sole accused in C.C.No.186 of 1995 by the Judicial Magistrate of First Class, Ibrahimpatnam, R.R. District, for the offence punishable under Section 304-A IPC. During the course of trial, on behalf of prosecution, P.Ws.1 to 9 were examined and Exs.P.1 to P.5 were marked. But, no oral or documentary evidence was adduced on behalf of defence. The learned Magistrate, having been satisfied with the evidence on record, came to the conclusion that the accused is guilty of the offence punishable under Section 304-A IPC, and accordingly, convicted and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for one month, by judgment dated 17.07.2000. As against the said judgment, the accused filed Crl.A.No.124 of 2000 on the file of the IV Addl. Sessions Judge, R.R.District at L.B. Nagar, and the same was dismissed on 24.10.2002 reducing the sentence of imprisonment from one year to six months. Being aggrieved by the same, the accused preferred this revision. 2. For the purpose of convenience, the parties are referred to hereinafter as they arrayed before the trial court. 3. The case of the prosecution, in brief, is that on 23.05.1995 at about 1.10 p.m. the deceased by name A.Ramachandraiah was proceeding from Yacharam towards Hyderabad on his Hero Honda Motor Cycle No.AP 28C 9066 and when he reached in front of the hotel of L.W.1, a tanker lorry No.ADF 5279, being driven by the accused in rash and negligent manner, came in opposite direction and dashed against the motor cycle of the deceased, due to which the deceased fell on road and died of severe injuries on the spot. Thereafter, on a complaint lodged by one Mekala Bhadra Reddy, Ibrahimpatnam P.S. registered a case in crime No.56 of 1995 against the accused for the offence under Section 304-A IPC, and after completion of investigation, filed charge sheet. 4. Heard both sides. 5. Having looked into the evidence and also perused the judgments passed by the courts below, this Court is of the view that the petitioner is guilty of the offence punishable under Section 304-A IPC. Hence, I see no merits in this revision. 6. However, it is a fact that the alleged offence has taken place in the year 1995 and the accused has undergone the sentence of more than 20 days. Hence, this Court takes a lenient view and reduces the sentence of imprisonment from six months to that of the period already undergone by the petitioner. 7. With the above modification, the Criminal Revision Case is dismissed. ______________________________ GOPALA KRISHNA TAMADA, J 4th June, 2010. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1680 of 2002 (Dismissed) 4th June, 2010 CBS