THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.911 of 2004 O R D E R: This Criminal Revision Case under Sections 397 and 401 of Cr.P.C. arises against the judgment dated 04.06.2004 passed in Criminal Appeal No.165 of 2001 by the learned VI Additional District and Sessions Judge, Ongole, confirming the conviction imposed by the learned II Additional Judicial Magistrate of First Class, Ongole, in C.C.No. 95 of 2000, dated 17.8.2001 and modifying the sentence of one year R.I. inflicted on the accused/petitioner to that of one month simple imprisonment for an offence under Section 304-A IPC. On a perusal of the entire record, this Court is of the view that there is ample evidence to prove that the petitioner/accused drove the vehicle in a rash and negligent manner. After advancing arguments for some time, the learned Counsel for the petitioner confined his submission in connection with the inflicting of sentence. Considering the facts and circumstances of the case and that the occurrence took place in the year 2000 and the petitioner/accused is now aged about 55 years, and he is the only bread-winner 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 is entitled to some indulgence on inflicting of sentence. There is also no serious opposition from the side of the learned Public Prosecutor. Considering the above facts and circumstances, the conviction imposed by the Courts 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 for an offence under Section 304-A IPC, within a period of four weeks from the date when 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. With the above modification in sentence, the Criminal Revision Case is disposed of. __________________ RAJA ELANGO, J 28th June, 2010. PNV