THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.NO.1581 OF 2004 JUDGMENT The petitioner herein was tried by the XIII Metropolitan Magistrate, Secunderabad in C.C.No.283 of 2001 for the offences punishable under Sections 304-A IPC and under Section 161 of the Railways Act. During the course of trial, the prosecution examined PWs. 1 to 20 and got exhibited Exs.P1 to P3. Having assessed the evidence, the trial Court came to the conclusion that the petitioner is guilty of the offence for which he was tried, and accordingly, sentenced him to undergo RI for a period of one year for the offence punishable under Section 304-A IPC and he was further sentenced to undergo RI for one year for the offence punishable under Section 161 of the Railways Act. The trial Court observed that the said sentences shall run concurrently. The said judgment dated 23-4-2004 was questioned by filing Criminal Appeal No.115 of 2004. The learned Special Judge for the trial of offences under Scheduled Castes and Schedule Tribes (Prevention of Atrocities)Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad dismissed the said appeal on 13-08-2004. The same was questioned by the petitioner by filing this revision. The case of the prosecution in brief as follows: On 23-1-2000 at about 8-30 a.m., the accused, who was driver of APSRTC bus bearing No.AP-9Z-7667, drove the crime vehicle in a rash and negligent manner while crossing an un-manned railway gate No.22 in between Kohir and Marapally railway stations and collided with 350 down passengers on the railway track, consequent upon which the driver and other 15 passengers suffered injuries. Two of them succumbed to injuries. On the report of the Sub Inspector of Police, Vikarabad, a case in Cr.No.9 of 2000 was registered. After completion of investigation, charge sheet was filed. Sri B.Sairam Goud, learned counsel for the petitioner has fairly conceded that it is not a fit case to take lenient view in the matter. Apparently, the appeal was dismissed by the lower appellate Court on 13-8-2004. This Court while admitting the revision granted bail to the petitioner on 16-09-2004. As the alleged offence is dated 23-1-2000 i.e., about 10 years back and the petitioner had already undergone the sentence of about 33 days, this Court is of the opinion that a lenient view can be taken. Accordingly, the said sentence of one year imposed by the trial Court is reduced to that of the period already undergone. Except this, in all other aspects, the criminal appeal stands dismissed. ______________________________ GOPALA KRISHNA TAMADA,J rkk Dated: 13-12-2010