THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1889 of 2003 JUDGMENT: This revision case is directed against the judgment dated 04.12.2003 passed by the learned IV Additional Metropolitan Sessions Judge, Hyderabad in Criminal Appeal No.48 of 2003 confirming the judgment dated 09.01.2003 passed by the learned V Metropolitan Magistrate, Hyderabad in C.C.No.259 of 2001. The case of the prosecution, in brief, is as follows: On 23.03.2000 while Mohd.Zaheeruddin (hereinafter referred to as ‘the deceased’) and his wife Shameem Sultana were proceeding on Kinetic Safari moped to attend a function at Limrah Marriage Hall, Motinagar, Erragadda, and when they reached near Sanman Hotel, Erragadda at about 7.00 p.m., the respondent/accused, who was the driver of APSRTC Bus bearing No.AP 10Z 8190, drove the bus in a rash and negligent manner and dashed the Kinetic Safari moped from its back side, due to which, the deceased fell down on the right side of the vehicle and the bus ran over him. Smt.Shameem Sultana fell on the left side of the vehicle and she also received injuries. The de facto complainant, who was following the vehicle of the deceased, shifted them to St.Theresa Hospital, Erragadda, where it was declared that Mohd.Zaheeruddin was brought dead. Smt.Shameem Sultana was treated and later she was sent to NIMS Hospital. Thereafter, the de facto complainant lodged a report, based on which, a case in Crime No.187/2000 was registered under Sections 304(A) and 337 I.P.C and investigation was took up. The Investigating Officer, during the course of investigation, recorded the statements of the witnesses, visited Gandhi Hospital Mortuary, conducted inquest over the dead body of the deceased and later on sent the dead body to Postmortem Examination. The Medical Officer, who treated Smt.Shameem Sultana, wife of the deceased at NIMS Hospital, opined that the injuries received by her were simple in nature. After completion of the investigation, the Sub-Inspector of Police, S.R.Nagar Police Station, Hyderabad filed charge sheet against the appellant. The learned V Metropolitan Magistrate, having considered the evidence of P.Ws.1 to 6 and Exs.P.1 to P.6, found the accused guilty of the offence punishable under Section 304-A and 337 I.P.C and accordingly convicted and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.5,000/- for the offence punishable under Section 304-A I.P.C; and to pay fine of Rs.500/- for the offence punishable under Section 337 I.P.C for causing simple injuries to the wife of the deceased. In case of default of payment of total fine amount of Rs.5,500/-, the accused was directed to undergo simple imprisonment for two months. Challenging the conviction and sentence, the accused preferred Criminal Appeal No.48 of 2003 before the IV Additional Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge, while confirming the conviction recorded by the trial Court, reduced the sentence of imprisonment of one year imposed by the trial Court to six months, by judgment dated 04.12.2003. Questioning the reduction of sentence, the Sub Inspector of Police, S.R.Nagar Police Station, Hyderabad preferred this Criminal Revision Case. Having heard the learned counsel on either side and having perused the entire evidence available on record, this Court is of the view that the Courts below have rightly convicted the respondent/accused for the offences stated supra, and the same does not need any interference by this Court. The Criminal Revision Case is accordingly dismissed. However, a perusal of the record indicates that the enquiry officer, who conducted the departmental enquiry against the accused, came to the conclusion that the said accident was not on account of rash and negligent driving of the accused. Since the alleged accident took place on 23.03.2000 and the accused was not suspended from service during the pendency of the criminal proceedings, this Court takes a lenient view and reduces the sentence imposed against the accused to that of the period already undergone by him. The fine amount imposed by the Court below shall stand unaltered. The APSRTC authorities are directed not to initiate any further action against the accused. ________________________ GOPALA KRISHNA TAMADA,J Date: 04.03.2010 va