THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1444 OF 2004 DATED 9th JULY, 2010. BETWEEN Dandugula Maddileti Ranga …Petitioner-Accused and The State of A.P. …..Respondent/Complainant THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1444 OF 2004 ORDER: This Criminal revision case under sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-accused being aggrieved by the judgment dated 30.07.2004 rendered in Criminal Appeal No.134 of 2002 by the learned I Additional Sessions Judge, Ongole, wherein the learned Sessions Judge dismissed the appeal confirming the conviction and sentence passed by the Judicial Magistrate of First Class, Podili, in C.C.No.85 of 1999 passed on 11.07.2002 in which the petitioner- accused was found guilty for the offence punishable under section 304A of Indian Penal Code, convicted under section 255 (2) of the Code of Criminal Procedure, sentenced to suffer rigorous imprisonment for a period of six months and also to pay a fine of Rs.200/- and in default to suffer simple imprisonment for three months. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the State. The learned Counsel for the petitioner after arguing for sometime confined his submissions with regard to sentence of imprisonment. As such, this Court is not inclined to go into the roots and merits of the prosecution case. Admittedly the occurrence took place in the year 1999 and for the last 11 years petitioner suffered humiliation in the society. It is submitted by the learned counsel for the petitioner that the petitioner has to lookafter the welfare of his family members, he is the only breadwinner of his family, the accident occurred on the spur of moment and, therefore, he prayed to show some indulgence in imposition of sentence. The learned Additional Public Prosecutor also not seriously objected for the same. Considering the facts and circumstances of the case and lapse of time, this Court is of the view that some lenience can be shown in favour of the petitioner. Accordingly, the conviction imposed by the trial Court and confirmed by the lower Appellate Court is hereby confirmed and, however, the sentence imposed on the petitioner is hereby set aside directing the petitioner to pay a sum of Rs.6,000/- as fine apart from the fine amount already imposed by the trial Court. The petitioner is directed to pay the said fine amount within a period of one month from the date receipt of a copy of this order and the said fine amount shall be paid to the legal representatives of the deceased as compensation. Accordingly, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO DATED : 09.07.2010 sur