THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1754 OF 2010 ORDER: 1 Petitioner herein was tried by the learned Judicial Magistrate of I Class, Special Mobile Court, Anantapur in C.C.No.650 of 2007 for the offences punishable under sections 304-A, 338 and 337 of IPC. During the course of trial, the prosecution examined PWs.1 to 16 and got marked Exs.P.1 to P.16. Having analysed the said evidence, the trial court found the petitioner guilty of the offences punishable under sections 304-A and 338 of IPC and accordingly convicted and sentenced him to suffer rigorous imprisonment for a period of one year and also to pay a fine of Rs.1,000/- in default, to suffer simple imprisonment for a period of three months for the offence punishable under section 304-A of IPC, to pay a fine of Rs.1,000/- in default, to suffer simple imprisonment for a period of three months for the offence punishable under section 338 of IPC. Petitioner questioned the said judgment dated 08.12.2009 passed by the trial court by way of Criminal Appeal No.143 of 2009 and the learned IV Additional Sessions Judge, (FTC) Anantapur by his judgment dated 20.09.2010 dismissed the said appeal. Aggrieved thereby the petitioner approached this court and filed the present revision. 2 Brief facts are that on 27.02.2006 Chitra Gurupadam (hereinafter referred to as ‘the deceased’) along with P.W.1 kept their Bajaj CT 100 Motor cycle bearing No. AP 02/M-2794 in front of Gayatri Hotel near S.K. University Stadium and while they were conversing, at about 8.30 AM one Tata Sumo Jeep bearing No.AP 02 /U-6004 came from Anatapur side towards Kadiri being driven by the petitioner rashly and negligently at high speed and dashed against the motor cycle thereby the deceased and P.W.1 sustained injuries. The jeep went inside the hotel and caused injuries to P.W.2 and P.W.3 also. Immediately the deceased and P.W.1 were taken to the Government General Hospital Anantapur where the deceased succumbed to the injuries sustained by him in the said accident. In that connection a case in Cr.No.15 of 2006 was registered by Itikalapalli P.S. and after completion of investigation a charge sheet was filed. 3 The learned counsel for the petitioner fairly conceded that this is not a fit case for interference since two courts below have concurrently held that the petitioner is guilty of the said offence, however, he requested the court to take a lenient view in so far as the said sentence is concerned. 4 Having regard to the fact that the petitioner is in jail from 20.09.2010 to till date i.e. for a period of fifteen days from the date of dismissal of his appeal and also in view of the fact that the said offence took place on 27.02.2006 this court is inclined to take a lenient view. 5 Accordingly, the said sentence of simple imprisonment imposed by both the courts below on the petitioner is reduced to that of the period, which the petitioner had already undergone. The petitioner is directed to be set at liberty forthwith if not required in any other crime. Excepting the above modification, this revision, in all other aspects is dismissed. -------------- 05.10.2010 Registry to dispatch the judgment immediately to the concerned. B/o Kvsn