HONOURABLE SRI JUSTICE K.G.SHANKAR CRL.R.C.No.1675 OF 2004 Dated 1st July, 2011 Between: Edidineni Yellaiah. Petitioner. And: The State of Andhra Pradesh through the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. ..Respondent. HONOURABLE SRI JUSTICE K.G.SHANKAR CRL.R.C.No.1675 OF 2004 JUDGMENT: Sole accused was driver of offending tipper bearing Registration No.A.P.1.T-9248. While he was driving the tipper, an accident occurred on 25.2.1998. As many as three persons died in the accident. Two other persons in the jeep in which the deceased was traveling sustained injuries when the tipper had a head on collision with the jeep in which they were travelling. Police laid Charge Sheet against the driver of the tipper under Sections 304 A, 338 and 337 I.P.C. The prosecution examined as many as 18 witnesses and marked Exs.A.1 to A.24. On an overall consideration, the learned trial Judge considered that the three offences under Sections 304-A, 338 and 337 IPC were made out against the accused beyond all reasonable doubt and convicted the accused for all the three offences. He sentenced the accused to Rigorous Imprisonment for a period of one year for the offence under Section 304-A I.P.C. He further sentenced the accused to a fine of Rs.1,000/- for the offence under Section 338 I.P.C. and Rs.500/- for the offence under Section 337 I.P.C. with appropriate default sentences. The sole accused preferred an appeal which was dismissed by the 1st Additional Sessions Judge, Adilabad. Hence, the revision. P.W.1 is the eye witness. He was travelling in the jeep in which the deceased were travelling. P.W.1 was one of the injured as well. P.W.1 as well as P.W.2 who were eye witnesses for the accident spoke about the rash and negligent driving of the accused in unequivocal terms. There is no dispute regarding the identity of the accused or about his driving the offending vehicle at the time of the accident. The evidence of P.Ws.1 and 2 coupled with the admitted fact that the accused was driving the offending vehicle at the time of the accident clinching establish the case of the prosecution beyond reasonable doubt that the accident was on account of the rash and negligent driving of the accused. Sri N.Mukund Reddy, learned counsel for the accused/revision petitioner contended that if the Court considered that the case is made out against the accused, sentence deserves to be reduced. As many as three deaths occurred in this case. That apart, there was the incidence of simple injuries and grievous injuries to other witnesses in the accident. In this background, the accused/petitioner does not deserve any mercy. The punishment imposed by the trial Court is quite adequate. At the same time, the learned counsel for the accused drew my attention to the fact that the incidence occurred in 1998. The incident occurred more than 13 years ago. The petitioner was described to be 40 years in the Charge Sheet. He is therefore, over 50 years as on today. There is no allegation that the accused was involved in any other accident after the incident in the present case. Taking these factors into consideration, I deem it appropriate to modify the sentence to six months rigorous imprisonment maintaining the fine recorded by the trial Court and confirmed by the appellate Court. Accordingly, this revision is dismissed so far as the conviction recorded by the trial Court and confirmed by the appellate Court is concerned. The sentence of fine recorded by the trial Court for the offences under Sections 337 and 338 I.P.C. is maintained. The sentence of Rigorous Imprisonment of one year recorded by the trial Court and confirmed by the appellate Court for the offence under Section 304 A I.P.C. is reduced to six months rigorous imprisonment. The petitioner is indeed entitled to the benefits of Section 428 Cr.P.C. The petitioner shall at once surrender to undergo the remaining part of imprisonment. ______________________ Justice K.G.SHANKAR Dated 1st July, 2011. Dvs HONOURABLE SRI JUSTICE K.G.SHANKAR CRL.R.C.No.1675 OF 2004 Dated 1st July, 2011