THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.1066 OF 2005 Between : Durgasi Suri Babu ....PETITIONER A N D The State of A.P. …RESPONDENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1066 OF 2005 ORDER: This criminal revision case is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, against the judgment, dated 01.07.2005, in Crl.A.No.118 of 2003, on the file of the IV Additional District and Sessions Judge Visakhapatnam, whereunder and whereby, the convictions and sentences against the petitioner / accused for the offences punishable under Sections 304A and 337 I.P.C., recorded in the judgment, dated 8.09.2003, in C.C.No.125 of 2001, on the file of the VII Metropolitan Magistrate, Visakhapatnam, were confirmed. 2. The case of the prosecution is that the accused is the driver of the tipper lorry bearing No.AP-31-V-9949. On 09.01.2001 about 11.30 P.M, the accused was driving the said vehicle in a rash and negligent manner at high speed and dashed the auto bearing No.AP-31-W-676, which was dragged to some distance and dashed the divider, due to which the driver of the auto sustained grievous injuries and died on the spot, and some of the passengers sustained injuries. Basing on the report, P.W.10 registered a case in crime No.12 of 2001 for the offences punishable under Sections 304A and 337 IPC. Thus, the accused has committed an offence punishable under Sections 337 and 304A I.P.C. 3. Heard the learned counsel for the petitioner and learned Public Prosecutor. 4. Learned counsel appearing for the petitioner after arguing for some time confined his arguments only in connection with question of sentence. He further submitted that the occurrence took place in the year 2001 and after a lapse of many years, if the petitioner is sent to prison, prejudice would be caused to the petitioner since he has to look after his family being the only breadwinner of his family. 5. Considering the same, this Court is modifying the sentence recorded by the trial Court against the petitioner for the offence under Section 304A I.P.C. is concerned. The Sentence of imprisonment is set aside and the petitioner is directed to pay a sum of Rs.3000/- as fine for the offence under Section 304A I.P.C. For the offence under Section 337 I.P.C., is concerned, the petitioner is directed to pay a sum of Rs.500/- apart from the fine already paid by him within a period of eight weeks from today. 6. With the above modification, the Criminal Revision Case is disposed of. _________________________ JUSTICE RAJA ELANGO SEPTEMBER 17, 2010. YVL