THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1598 OF 2002 ORDER: 1 The petitioner herein was tried by the Principal Judicial First class Magistrate at Sangareddy in C.C.No.288 of 1996 for the offence punishable under sections 304-A, 337 and 338 of IPC. During the course of trial the prosecution examined P.Ws.1 to 12 and got marked Ex.P.1 to P.13. On the basis of the said oral and documentary evidence, the learned Magistrate came to the conclusion that the petitioner herein was guilty of the said offences and accordingly convicted and sentenced him to suffer rigorous imprisonment for one year for the offence under section 304-A; to pay a fine of Rs.300/- for the offence under section 337 of IPC and to pay a fine of Rs.1,000/- for the offence under section 338 of IPC; in default of payment of fine amount he shall suffer simple imprisonment for one month each. As against the said judgment dated 01.11.1999 the petitioner filed Criminal Appeal No.129 of 1999 and the learned III Additional District & sessions Judge at Sangareddy, while confirming the said sentence of imprisonment, dismissed the appeal. Hence the accused before both the courts filed this revision. 2 Brief facts are that on 20.02.1996 during night time one Rachappa along with other village people brought one stab injured person to the government hospital Sangareddy in the crime vehicle and on the same night they started to go to their village in the same vehicle as the injured person expired. The petitioner herein was the driver of the crime vehicle and he drove it in a rash and negligent manner and dashed to a parked lorry and thereafter he severed the vehicle to its left side and again dashed to one electric pole due to which the inmates of the jeep sustained injuries. On receipt of complaint from the de facto complainant a case in Cr.No.36/1996 was registered and the injured were referred to the government hospital Sangareddy by the police where one of the injured by name Gopularam Bovaiah died. Post mortem examination was conducted over the dead body of the deceased Bovaiah and after completion of entire investigation, the charge sheet was filed alleging that the petitioner is liable for punishment for the offences punishable under Sections 304-A, 337 and 338 of IPC. 3 As the learned counsel for the petitioner died, this court ordered notice to the petitioner himself. Though the registry has sent notices to the petitioner the same was returned unserved. This court further directed the learned Additional Public Prosecutor also to take out notice through the police but he also expressed his helplessness stating that notices could not be served on the petitioner. In that view of the matter, Smt. Seshakumari is appointed as counsel to assist this court. 4 Heard both sides. 5 Apparently the evidence which was brought on record clearly establishes the fact that the petitioner drove the jeep in a rash and negligent manner at the time of the accident. The said evidence was properly appreciated by both the courts below in holding that the petitioner is guilty of the said offences and the same needs no interference. 6. Accordingly this revision is dismissed. However, keeping in view of the fact that the alleged offence took place on 20.02.1996 and the petitioner was in jail for a period of more than 15 days, this court takes a lenient view and reduces the said sentence of one year to that of the period already undergone by the petitioner. So far as the fine amount is concerned, the same is maintained. The fee of the learned counsel Smt. Seshakumari, who assisted this court, is fixed at Rs.1,500/- which is to be paid by the legal aid. -------------- Kvsn 03.03.2010