THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1952 of 2004 JUDGMENT: The petitioner herein was tried by the II Additional Judicial First Class Magistrate, Eluru in C.C.No.703 of 2002 for the offence punishable under Section 304-A IPC. During the course of trial, the prosecution examined P.Ws.1 to 8 and got marked Exs.P-1 to P-11. The learned Magistrate having analysed the entire evidence, by his judgment, dated 29.03.2004, found the petitioner guilty of the said offence and accordingly, convicted and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for three months. The said judgment was questioned by filing Criminal Appeal No.58 of 2004 and the learned Principal Sessions Judge, West Godavari at Eluru, while concurring with the said findings of the trial Court, dismissed the appeal, vide judgment, dated 08.11.2004. However, the Sessions Judge reduced the sentence from six months to three months. The same is questioned in this Revision. The case of the prosecution, in brief, is that on 29.09.2002, at about 5 am., P.Ws.1 and 2, the deceased and two others went to Ratnalakunta to offer prayers in Ratnalamma temple and while they were returning to their village in an auto bearing No.AP-37 V 2312, the accused, who is the driver of the said auto, drove the same in a rash and negligent manner, as a result, the auto turned turtle and the deceased received grievous injuries and succumbed to the same while taking treatment in the hospital. In this connection, a case was registered and after completion of investigation, the charge sheet was filed against the accused for the offence punishable under Section 304-A IPC. Learned counsel for the petitioner fairly conceded that it is not a case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for a period of about fifteen days. In the light of the said submission, this Court looked into the record. Apparently, the impugned judgment was pronounced on 08.11.2004 and immediately, the petitioner was sent to jail to suffer the imprisonment imposed on him. Subsequently, by virtue of the bail granted by this Court on 23.11.2004, he was released from the jail. Thus, it is evident that the petitioner was in jail for quite some time. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of three months for the offence punishable under Section 304-A IPC imposed on the petitioner-accused by the Principal Sessions Judge, West Godavari at Eluru, in Crl.A.No.58 of 2004, dated 08.11.2004, is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 27th January 2011 DR