THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 197 of 2005 ORDER: This revision is preferred questioning the judgment dated 29.1.2005 passed in Criminal Appeal No. 374 of 2004 dated 29.1.2005 by the I Additional Sessions Judge, Guntur confirming the conviction and sentence imposed in C.C. No. 142 of 2002 dated 25.8.2004 by the Judicial Magistrate of First Class Special Mobile Court, Guntur. The facts in brief necessary for disposal of this case are that the petitioner herein is accused in Crime No. 135 of 2002. The allegation against the petitioner is that on 17.2.2002 while driving the water tanker bearing No. ADT 8107 in a rash and negligent manner dashed against auto bearing No. AP 7 X 2227 resulting in death of Mr Ananda Babu, Mr Subbu Valar and Mr Chalivi and caused multiple injuries to others. On completion of investigation a charge sheet was filed for the offences under sections 304-A, 338 of Indian Penal Code and Sections 134 (a) and (b) read with section 187 of the M.V.Act. After conducting a regular trial, the learned Special Mobile Magistrate, Guntur by judgment dated 25.8.2004 in C.C no. 142 of 2002 convicted and sentenced the petitioner to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/- for the offence under section 304-A of IPC in default to suffer simple imprisonment for thirty days. He was further sentenced to undergo simple imprisonment for six months for the offence under section 338 of IPC and also sentenced to pay a fine of Rs.500/- in default to suffer simple imprisonment for 30 days for the offence under section 134 (a) of MV Act and also to pay a fine of Rs.500/- in default to suffer simple imprisonment for 30 days for the offence under section 134 (b) of M.V.Act. As against the said order, the petitioner herein preferred an appeal and the same was dismissed by the learned I Additional Sessions Judge, Guntur by its judgment dated 29.1.2005. Hence, the present criminal revision. Learned counsel for petitioner after arguing the matter on merits for some time, prayed this Court to take a lenient view having regard to the fact that the matter is pending since 2002 and the petitioner is the only bread winner for the family and that he has already suffered imprisonment for a period of one year. Heard the learned counsel for petitioner and learned Public Prosecutor and perused the material available on record. Considering the facts that the matter is pending since 2002 and the petitioner herein also sustained injuries in the subject accident and stated to be the only bread winner of the family and already suffered imprisonment for a period of one year, this Court deem it fit to take a lenient view in the matter. Hence, while confirming the conviction, the sentence is modified and reduced to the period of sentence already undergone by the petitioner. Further, insofar as the fine imposed under Section 304-A of IPC is concerned, the petitioner is directed to pay a further fine of Rs.8000/- (Rupees eight thousand only) within a period of eight weeks from the date of receipt of copy of this order, in default, to suffer simple imprisonment for a period of three months. It is made clear that, the fine amount now imposed is in addition to the fine imposed by the trial Court. Subject to above modification, the Criminal Revision case is disposed of. _____________ RAJA ELANGO,J DATE: 20.1.2011 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 197 OF 2005 Date: 20.1.2011