THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.314 of 2011 ORDER: 1 The petitioner herein was tried as accused in C.C.No.68 of 2007 for the offence punishable under sections 160(2) and 174 (c) of Railway Act by the learned Special Judicial Magistrate of I Class for Railways, Guntakal. The learned Magistrate having assessed the entire evidence both oral and documentary found the petitioner guilty of the said offences and accordingly sentenced him to undergo rigorous imprisonment for a period of one year for the offence punishable under section 160(2) of Railway Act and further sentenced him to suffer rigorous imprisonment for a period of six months and also to pay a fine of Rs.2,000/- in default, to suffer simple imprisonment for a period of three months for the offences punishable under section 174 (c) of Railway Act. As against the said judgment dated 15.04.2010, the petitioner preferred Criminal Appeal No.56 of 2010 and the learned Judge, Family Court (FAC) I Additional District & Sessions Judge, Anantapur, by his judgment dated 02.02.2011 while acquitting the petitioner of the offence punishable under section 174 (c) of the Railway Act, however found the petitioner guilty of the offence punishable under section 164(2) of the Railway Act, but modified the sentence imposed by the trial court and sentenced the petitioner to suffer simple imprisonment for a period of six months and further sentenced to pay a fine of Rs.10,000/- to the South Central Railway Kondapuram as compensation. Questioning the same the accused before the trial court preferred this revision. 2 Brief facts that led to the filing of the present revision are that on 26.01.2006 at about 10.38 pm, on the instructions of the Station Maser, Mangapatnam, P.W.5 who was gateman closed the L C gate No.149 for smooth passing of Venkatadri express. At about 10.43 pm a lorry bearing No.AP 02 U 4190 came from Kadapa side and hit the L.C. gate due to which the boom fell on the track. The petitioner who was the driver of the said lorry stopped the lorry by the side of the gate and ran away. The estimated damage was Rs.25,000/-. In that connection a case in Cr.No.2 f 2006 was registered by RPF Station, Yerraguntla and investigated into and after completion of investigation the charge sheet was filed. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 02.02.2011 and the petitioner was taken into custody immediately and since then he has been in jail. So the petitioner was in jail for a period of nearly two weeks. In that view of the matter, since the petitioner was in jail for a period of two weeks, this court is of the view that a lenient view can be taken in so far as the said sentence is concerned. 6 In the result, the sentence of rigorous imprisonment for a period of one year imposed on the petitioner by the learned Special Judicial Magistrate of I Class for Railways Guntakal in C.C.No.219 of 2009 for the offence punishable under section 160(2) of Railway Act as modified by the learned I Additional Sessions Judge, Anantapur in Crl.A.No.56 of 2010 is further modified and the said sentence is reduced to that of the period which the petitioner had already undergone. Excepting the above modification, this revision in all other aspects is dismissed. -------------- 14.02.2011 Kvsn