THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.743 of 2004 DATED: 13-07-2010 ORDER: This revision is filed by the petitioner-accused, questioning the judgment, dated 01-04-2004, passed in Crl.A.No.25 of 2001, by the learned Sessions Judge, Karimnagar, confirming the judgment, dated 15-02- 2001, in C.C.No.540 of 1999 passed by the learned Judicial Magistrate of First Class, Godavarikhani, Karimnagar District. 2. The brief facts are that one Chaliganti Anjaiah and Chaliganti Prameela, had two sons and two daughters. The deceased boy-Chaliganti Raju in this case is their eldest son. Both his parents were attending to labour work and on 08-10-1996 they went to labour work and at about 1.00 p.m. the deceased boy was going home from school and when he reached near Gandhi statue of Karkhanagadda, the tractor bearing No.Ap-15T-6669 and trailor bearing No.AP-15-T-6696, driven by the accused in a rash and negligent manner and at high speed, dashed him from back side and left big rear tyre of the tractor ran over his head causing crush injuries to head and brain and instantaneous death. On coming to know about the accident, his parents came to the scene of offence and his father gave a written complaint, based on which the police registered a case in Cr.No.391 of 1996 and sent the C.D. file to the Traffic Detachment, Karimnagar for further investigation and the Assistant Sub-Inspector of Police took up investigation, conducted inquest over the dead body of the deceased and incorporated the details in the inquest panchanama. After inquest, the dead body of the deceased was sent to the Government Civil hospital, Karimnagar for autopsy and the Motor Vehicle Inspector, Karimnagar inspected the crime tractor and gave a report stating that the accident was not due to any mechanical defects. On 14-10-1996, the accused was arrested and it was found that the accused has no licence to drive the tractor. The accused was sent to the Court for judicial custody and after completion of the investigation, charge sheet was filed. 3. During the course of trial, P.Ws.1 to 6 were examined and Exs.P1 to P14 were marked. On behalf of the respondent, D.W.1 was examined and Ex.D1 was marked. 4. The trial Court having considered the evidence, both oral and documentary, came to the conclusion that the alleged accident was due to the rash and negligent driving of the petitioner herein and accordingly vide judgment, dated 15-02-2001, sentenced him to undergo rigorous imprisonment for a period of two years and also to pay fine of Rs.2000/- in default of payment of the fine, to undergo simple imprisonment for a period of six months for the offence punishable under Section 304-A IPC. Aggrieved thereby, petitioner preferred the appeal and the lower appellate Court while concurring with the finding of the trial Court, reduced the said sentence of rigorous imprisonment of two years to one year, however maintained the fine amount vide judgment, dated 01-04-2004. The same is questioned in this revision. 5. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. 6. Having considered the said submissions and also the circumstances of the case, this Court is of the view that the Courts below are justified in holding that the petitioner was rash and negligent and he was responsible for the said accident and there are no merits in this revision. However, taking the fact that the alleged offence took place on 08-10-1996 and the petitioner was in jail for a period of three weeks, this Court is of the view that the ends of justice would be met if the said sentence of one year imposed by the lower appellate Court is reduced to that of the period already undergone. Accordingly, while concurring with the finding of the Courts below, the said period of rigorous imprisonment of one year is modified to that of the period already undergone, and the fine amount of Rs.2000/-, which was imposed by the Courts below, is enhanced to Rs.5000/- ( rupees five thousand only) and the balance fine amount i.e. Rs.3000/- ( rupees three thousand only) shall be paid within a period of four weeks from the date of receipt of a copy of this order. In the event of his failure to pay the balance of fine amount, it is needless to observe that he has to undergo the sentence, as imposed by the lower appellate Court. 7. In the result, Criminal Revision Case is allowed in part. _______________________________ GOPALA KRISHNA TAMADA,J 13th July, 2010. Tsy