THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1652 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 28.06.2004, passed by the I Additional Metropolitan Sessions Judge, Visakhapatnam in Crl.A.No.89 of 2003, wherein and whereby the judgment, dated 01.08.2003, passed in C.C.No.38 of 2001 on the file of the VI Metropolitan Magistrate, Visakhapatnam, convicting and sentencing the petitioner-accused to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for one and half months for the offence punishable under Section 304-A IPC was confirmed. The succinct facts of the prosecution case are that the on 15.01.2001, at about 2 pm., the accused being driver of the Maruti zen car bearing No.AP 32A 3, drove the same in a rash and negligent manner without blowing horn near V Town Law and Order Police Station, Kancharapalem, Visakhapatnam and dashed one Karri Visalakshi who was crossing the road near Muralinagar, due to which, she sustained grievous injuries and was shifted to hospital. On a report given by the injured, a case was registered and after investigation, the charge sheet was filed. Heard both sides and perused the material papers on record. When the matter is taken up, learned counsel for the petitioner-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that after issuance of non-bailable warrant by the lower appellate Court, the petitioner has been in jail for a few days. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, it is evident that the impugned judgment was pronounced on 28.06.2004, but as the petitioner-accused was absent non-bailable warrant was issued against him and later, he surrendered and was lodged by the Police in jail. Subsequently, by virtue of the bail granted by this while admitting this Revision on 07.12.2004, he was released on bail. Thus, it is evident that the petitioner was taken jail for quite some time. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of six months for the offence punishable under Section 304- A IPC imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 dr