THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2087 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 10.11.2004 made in Crl.A.No.239 of 2002 by the I Additional District & Sessions Judge, Cuddapah, confirming the judgment of the Judicial Magistrate of First Class, Rajampet, in C.C.No.165 of 1999, dated 23.8.2002. The case of the prosecution is as follows: On 3.7.1999, the driver of RTC bus bearing No.AEZ 3903 viz., P. Gangaiah (hereinafter referred to as ‘deceased’) and the conductor (P.W.4) were proceeding in the above said bus in S.R. colony service. When the bus crossed A.P. Residential School at Mukkavaripalli, joint bolt of the bus had broken. The deceased parked the bus on the left side of the road and sent P.W.4 to Rajampet to inform the matter. The deceased engaged one M.V. Krishna Reddy, RTC mechanic (P.W.1) for repairing the bus. At about 9.30 am., when the deceased was helping P.W.1, one lorry bearing No.AAQ 5055 came from Rajampet side to Kodur side, and dashed rear side of the RTC bus, as a result of which, RTC bus moved and the left rear wheel of the bus ran over the deceased. The head of the deceased was crushed and brain matter came out of his skull. P.W.1, who was luckily escaped, went to the police station and gave a report. On the basis of the same, a case in Cr.No.29 of 1999 was registered against the petitioner-accused. After completion of the investigation, a charge sheet was filed and the same was taken cognizance by the Judicial Magistrate of First Class, Rajampet and numbered as C.C.No.165 of 1999. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused guilty of the offence under Section 279 and 304-A IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of one year for the offence under section 304-A IPC. While observing that the offence under section 279 IPC forms part of the offence under section 304-A IPC, the Court below had not imposed separate sentence for the offence under Section 279 IPC. Aggrieved by the conviction and the sentence imposed by the trial Court, the petitioner-accused preferred an appeal in Crl.A.No.239 of 2002 before the I Additional District & Sessions Judge, Cuddapah. The learned Sessions Judge confirmed the judgment of the Court below. Questioning the said judgment, the petitioner filed the present revision. Learned Counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but he requested to take a lenient view insofar as the sentence of imprisonment is concerned, having regard to the fact that the petitioner was in jail for a period of nearly one month. In the facts and circumstances of the case and in view of the nature of the offence committed by the petitioner-accused, I feel that the conviction recorded by the Courts below do not warrant any interference. But however, having regard to the fact that the petitioner has been wandering around the Courts since 1999 and in view of the fact that the petitioner-accused was in jail for a period of nearly one month, this Court is of the view that this is a fit case where a lenient view can be taken. Accordingly, the sentence of imprisonment for a period of one year imposed by the Courts below for the offence under Section 304-A IPC, is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of one year for the offence under Section 304-A IPC imposed by the Courts below on the petitioner-accused is reduced to the period already undergone. With the above modification, the Criminal Revision Case is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 10th March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2087 of 2004 10.3.2011