HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 726 OF 2004. DATED 16TH JUNE, 2010. BETWEEN G.Venkatgesh ….petitioner And The State of AP Rep. By Public prosecutor ….Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 726 OF 2004 ORDER: 1. This Criminal Revision Case under Sections 397 and 401 of Cr.P.C. arises out of the judgment dated 12.4.2004 passed in Criminal Appeal No. 93of 2004 by the learned Principal Sessions Judge, Ranga Reddy District, at L.B.Nagar, conﬁrming the conviction imposed by the learned judicial Magistrate of First Class, Hyderabad, East & North, Ranga Reddy District in C.C.No. 908 of 1997, dated 28.7.2003 and modifying the sentence of one year R.I. inﬂicted on the accused/petitioner to that of six months R.I. 2. It was alleged that on 16.6.1997 at about 9.00 A.M. while the deceased C.Venkataiah was crossing the road infront of Survey of India Bus Stop, a van bearing No.AP.9T.9151 being driven by the accused in rash and negligent manner came from Habsiguda side and dashed the said C.Venkataiah, who was immediately shifted to Gandhi Hospital for treatment, wherein he was succumbed to injuries on 26.8.1997. 3. On a perusal of the entire record, this Court is of the view that there is ample evidence to prove that the petitioner drove the vehicle in rash and negligent manner. On advancing arguments for some time, the learned Counsel for the petitioner conﬁned his submission in connection with the inflicting of sentence. 4. Considering the facts and circumstances of the case and that the occurrence took place in the year 1997 and the petitioner is now aged about 40 years, and he is the only breadwinner to his family members and he has to look after his family members and school going children, this Court is of the considered opinion that the petitioner to entitled to some indulgence on inﬂicting of sentence. There is also no serious opposition from the side of the learned Public Prosecutor. 5. Considering the above facts and circumstances, the conviction imposed by the Court below is conﬁrmed, however, the sentence of imprisonment imposed by it is set aside. The petitioner/accused is directed to pay a sum of Rs.5,000/- apart from the ﬁne amount imposed by the Court below, within a period of four weeks from the date of a copy of this order is made ready. On such payment, the legal heirs of the deceased are entitled to receive the same as compensation under Section 357 Cr.P.C. The learned Magistrate is directed to disburse the said amount on ﬁling of the necessary application by the legal heirs of the deceased. 6. With the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. -------------------------------- JUSTICE RAJA ELANGO Dated 16th June, 2010. Msnr.