THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1430 OF 2004 ORDER: 1 The petitioner herein was tried by the learned Judicial Magistrate of I Class, Special Court for Prohibition & Excise Sangareddy in C.C.No.133 of 2002 for the offence punishable under Section 304-A of IPC. During the course of trial, the prosecution examined P.Ws.1 to 8 and got marked Exs.P.1 to P.12. The trial court having analysed the said evidence came to the conclusion that the prosecution has proved the guilt of the petitioner for the offence punishable under section 304-A of IPC and accordingly convicted and sentenced him to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for a period of one month. Questioning the said judgment dated 28.06.2002 the petitioner preferred Criminal Appeal No.133 of 2002 and the learned I Additional Sessions Judge Medak at Sangareddy by his judgment dated 10.08.2004 dismissed the said appeal. Hence this revision. 2 The case of the prosecution in brief is that on 10.10.1998 at 9.00 PM when P.W.1 along with his family members were returning from Shirdi in a Jeep bearing No.AP 28 G 248 and when they reached the limits of Patancheru, the petitioner who was the driver of the said Jeep drove the same in a rash and negligent manner, because of which the Jeep turned turtle on road side and in that accident the daughter of P.W.1 by name Sai Prasanna aged 4 years sustained injuries while the others escaped unhurt. When P.W.1 was shifting his daughter Sai Prasanna to hospital, she died enroute. In that connection a case in Cr.No.240 of 1998 under section 304-A of IPC was registered and investigated into. 3 Heard. 4 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference, but however, requested the court to take a lenient view in so far as the said sentence is concerned. 5 In the light of the said submission this court looked into the record. The appeal filed by the petitioner was dismissed on 10.08.2004 and immediately the petitioner was taken into custody and it is only after admission of this revision and granting of bail by this court on 18.08.2004, the petitioner came out of the jail. From the above, it is clear that the petitioner was in jail for a period of nearly 10 days. As the said sentence imposed by the court below is only imprisonment for six months, and as the petitioner was in jail for about 10 days and inasmuch as the offence relates to the year 1998 this court takes a lenient view. 6 Accordingly, the said sentence of simple imprisonment for a period of six months imposed on the petitioner by the courts below is reduced to that of the period, which the petitioner had already undergone. Excepting the above modification, in all other aspects this revision is dismissed. -------------- Kvsn 15.12.2010