THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.716 of 2011 JUDGMENT: This Criminal Revision Case is filed by the petitioner-accused against the judgment, dated 4.2.2011 made by the I Additional Sessions Judge, Khammam in Crl.A.No.120 of 2010 confirming the judgment dated 20.07.2010 made in C.C.No.415 of 2010 by the III Additional Judicial Magistrate of First Class, Khammam. The case of the prosecution in brief is as follows: On 13.3.2009 at 1400 hours, one Kundurupaka Kotaiah gave a report to the police stating that on 12.3.2009 at about 19.30 hours, himself and his elder brother-Kundurupaka Venkateswarlu (hereinafter referred to as ‘deceased’) were proceeding from his brother’s shop at Wyra and on the way, the deceased went to Laxmibai’s Kirana shop at Shanthinagar and purchased beedies and while returning and crossing the road, the accused drove his auto bearing No.AP-20-X- 4027 in a rash and negligent manner towards Khammam and dashed against his brother and his brother received injuries on his head, left leg and left hand and he was shifted to hospital but he died. Basing on the said report, a case in Crime No.35 of 2009 was registered. After completion of the investigation, charge sheet was filed and the same was taken cognizance as C.C.No.415 of 2010. On appreciation of both oral and documentary evidence, the trial Court found the petitioner guilty of the offence punishable under Section 304-A IPC and accordingly, sentenced him to suffer simple imprisonment for a period of six months. The said judgment was questioned by way of filing an appeal in Crl.A.No.120 of 2010 before the I Additional Sessions Judge, Khammam. The learned Sessions Judge dismissed the appeal confirming the judgment of the trial Court. 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 having regard to the fact that the petitioner was taken into custody on the date of the judgment in the Criminal Appeal and since then, he has been in jail, a lenient view may be taken. Heard and perused the material available on record. 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 judgment of the appellate Court does not warrant any interference. But however, having regard to the fact that the accused is wandering around the Courts since 2009 and in view of the fact that the petitioner has already undergone imprisonment for a period of more than 25 days, this Court is of the view that this is a fit case wherein a lenient view can be taken. Accordingly, the sentence imposed by the lower appellate Court for the offence under Section 304-A IPC against the petitioner-accused is reduced to the period already undergone. In the result, the sentence of simple imprisonment for a period of six months for the offence punishable under section 304-A of I.P.C imposed against the petitioner herein viz., Aakarapu Sai Kishore by the learned I Additional Sessions Judge, Khammam, in Criminal Appeal No.120 of 2010, by judgment dated 4.2.2011, is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. With the above modification, the Criminal Revision Case is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 25th February, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.716 of 2011 25.2.2011