THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMIINAL REVISION CASE NO.503 OF 2004 ORDER: 1 The petitioner herein was tried by the learned Judicial Magistrate of I Class Kandukur in C.C.No.157 of 1997 for the offence punishable under section 304-A of IPC. During the course of trial, the prosecution examined P.Ws.1 to 7 and got marked Exs.P.1 to P10. The learned Magistrate, having assessed the entire material on record came to the conclusion that the petitioner is guilty of the said offence and accordingly convicted and sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a period of three months. The said judgment dated 26.4.2002 passed by the learned Magistrate was challenged by way of Criminal Appeal No.95 of 2002. The learned I Additional Sessions Judge, Ongole vide his judgment dated 16.03.2004 while dismissing the said Criminal Appeal, confirmed the said sentence imposed by the learned Magistrate. Aggrieved thereby the accused preferred this revision. 2 The case of the prosecution in brief is that on 19.04.1997 at about 10.30 a.m. the petitioner was driving the city bus bearing No.AAE 3779 from Kandukr to Vikkiralapeta. When the bus reached near the fields of Gangavarapu Venkaiah of Vikkiralapeta village the petitioner drove the said bus in a rash and negligent manner and at high speed and having lost control over the said bus dashed against the deceased Kothapalli Venkata Subbaiah who was coming in opposite direction driving his four she buffaloes and one he buffalo due to which the deceased and the said cattle died instantaneously. The bus went ahead to the field of Srinivasulu after hitting the deceased and the cattle. In that connection a case in Cr.No.16/1997 under section 304-A and 429 of IPC and investigated into and after completion of investigation the charge sheet was filed. 3 Heard both sides. 4 Having considered the submissions made by the learned counsel for the petitioner and also the learned Additional Public Prosecutor and also perusing the judgments of the courts below, this court is also of the view that the petitioner is guilty of the said offence for which he was tried and as such no interference is called for. Accordingly this revision is dismissed. 5 However, as the alleged offence took place on 19.04.1997 i.e. about 13 years back and as the petitioner was in jail for about 15 days, this court takes a lenient view and reduces the said sentence of one year to that of the period already undergone. While modifying the said sentence, the petitioner is hereby directed to forthwith deposit an additional amount of Rs.3,000/- apart from Rs.2,000/- which was already imposed by the courts below towards fine, totalling to Rs.5,000/-, before the trial court, which shall be payable to the legal representatives of the deceased towards compensation under section 357 Cr.P.C. The trial court is hereby directed to see that the said amount is given to the victim legal representatives of the deceased. If for any reason the said amount, as imposed above, is not paid, it is, needless to observe that the petitioner shall undergo the said sentence of imprisonment as imposed by the courts below. ------------------ Kvsn 07.06.2010