IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 898 of 2005 Between: K.Mallesham … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner: Sri Mummaneni Srinivasa Rao Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 898 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the II-Additional Sessions Judge, Mahbubnagar in Criminal Appeal No. 3 of 2001 dated 18-5-2005 confirming the conviction and sentence recorded by the Judicial Magistrate of First Class, Jadcherla, in CC.No. 102 of 1997 dated 16- 12-2000. 2. The petitioner was tried for the offences punishable under section 304-A of IPC. On appreciation of oral and documentary evidence placed on record, the learned Magistrate found the petitioner guilty 304-A of IPC and sentenced him to suffer Simple Imprisonment for a period of six months and also to pay a fine of Rs.100/-, in default to undergo Simple Imprisonment for three months. On appeal, the learned II-Additional Sessions Judge on re- appreciation of the oral and documentary evidence placed on record confirmed the conviction and sentence recorded by the learned Magistrate stated hereinabove. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioner confines his argument only with regard to the quantum of sentence and prayed mercy of this court. 4. Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. Considering the facts and circumstances, I do not see any reason to interfere with the conviction recorded by both the courts below and the same is confirmed, but however, the petitioner being the driver could not be able to control the vehicle among the Governor’s convoy at the time of accident and hence the accident took place. Taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment inflicted by the both the courts below is modified to that of the period already undergone by the petitioner. However, the fine amount paid by the petitioner shall remain unaltered. 6. With the above modification in the sentence, the Criminal Revision is disposed of. ______________________ JUSTICE RAJA ELANGO. 01-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 898 OF 2005 Circulation Entry No. 4 5 Date: 01-10-2010 Computer No. 43 Court Master: I s L