HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 1046 OF 2004 DATED 30th JUNE, 2010. BETWEEN Mohammed Habeeb Baig …..Petitioner/Accused and The State of AP, Rep. By its Public Prosecutor …Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 1046 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Cr.P.C. is ﬁled aggrieved by the judgment dated 7.5.2004 passed in Criminal Appeal No. 5 of 2002 by the learned III Additional Sessions Judge, Warangal, conﬁrming the conviction and sentence recorded against the petitioner/Accused for the oﬀence punishable under Sections 304-A and 337 IPC in the order dated 3.1.2002 in C.C.No. 847 of 1999 by the learned I Additional Judicial Magistrate of First Class, Warangal. Brief facts of the prosecution case are that when Kancherla Bharath Kumar @ John returning to his house for lunch during the lunch recess at about 12.00 noon and when he reached Deshaipet road, the accused being driven his van bearing No.AEO 4539 in rash and negligent manner, at high speed, dashed the bullock-cart and thereafter the said Bharath Kumar @ John causing his instantaneous death. Based on the same, the police registered a case in Crime No. 163 of 1999 under Section 304-A IPC and investigated into. After ﬁling the charge sheet, the trial Court took the cognisance of the case for the oﬀence under Section 304-A IPC against the petitioner-accused.. The trial Court on a full-ﬂedged trial and appreciation of the evidence on record found the accused guilty of the oﬀence punishable under Sections 304-A and 337 IPC, and accordingly convicted and sentenced him to undergo S.I. for two years under the ﬁrst count and three months under the second count. On appeal being Criminal Appeal. No.5 of 2002 preferred by the petitioner/accused, the lower Appellate Court, on appreciation of the evidence on record, dismissed the appeal conﬁrming the conviction and sentence recorded by the trial Court. Hence this revision. It is needles to state that the powers of the High Court in exercising its jurisdiction under Sections 397 and 401 of Cr.P.C. are truncated and unless the ﬁnding recorded by the Court below is shown to be perverse or incorrect or illegal or not based on any evidence on record, the judgment under challenge needs interference. In the present case, on a perusal of the evidence available on record and on hearing the learned Counsel appearing on either side, this Court ﬁnds no illegality or irregularity or perversity in the ﬁndings recorded by the Courts below so as to interfere with the same. However, the learned Counsel for the petitioner conﬁning his argument to the inﬂicting of the sentence against the petitioner/accused, submitted that the petitioner has suﬀered a stigma of conviction in the society; that after lapse of a decade from the date of the incident, if the petitioner is sent to judicial custody, the same may cause prejudice to him and that the petitioner has to look after his family members as he being the breadwinner. Hence, the learned Counsel submitted that the petitioner can be shown some lenience insofar as the sentence ordered by the Courts below is concerned. As there is no serious objection from the side of the learned Public Prosecutor, this Court, considering the facts and circumstances of the case, evidence available on record, and submission of the learned Counsel for the petitioner, thought it ﬁt to show some lenience on the petitioner. Considering the same, the conviction recorded by the Courts below is conﬁrmed, however, sentence of imprisonment recorded against the petitioner/accused is set aside and in its place, the petitioner is directed to pay a ﬁne of Rs.10,000/- as compensation, within a period of four weeks from the date of copy of this order is made ready. On such payment, the trial Court is directed to disburse the said amount to the legal heir of the deceased. Subject to the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED 30th JUNE, 2010. Msnr.