HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL R.C. No.73 of 2005 ORDER: The accused is the revision petitioner. He was convicted by the Courts below for offences under Sections 304-A, 338 IPC and Section 134(b)/187 of the Motor Vehicles Act. He was sentenced to Rigorous Imprisonment for six months and fine of Rs.500/- for offence under Section 304-A IPC. He was sentenced to Rigorous Imprisonment for three months and fine of Rs.500/- for offence under Section 338 IPC. He was also sentenced to fine of Rs.250/- for offence under Section 134 (b) of the Motor Vehicles Act. The petitioner/accused is a lorry driver. The offence took place on 04.07.2000 at about 6.30 p.m. on Madanapalle - Punganur road. According to the prosecution, P.W.3 aged 13 years, was carrying the deceased baby Prem Kumar, aged 8 months and was about to cross road; and during that time, the accused drove his mini lorry bearing No. AP 03 U 2215 in rash and negligent manner and dashed her, due to which the deceased child as well as P.W.3 sustained injuries. The child succumbed to injuries while undergoing treatment in Area Hospital, Madanapalle. Plea of the accused is one of total denial. The prosecution examined P.Ws.1 to 3 as eyewitnesses to the occurrence. P.W.3 is one of the injured and she was carrying the deceased child in her arms. P.Ws.1 to 3 spoke to the offence and rash as well as negligent driving of mini lorry by the accused. Discrepancies on minor and irrelevant aspects cannot falsify their evidence. P.W.3’s presence at the scene cannot be disbelieved, because she also sustained injuries in the same transaction. Having regard to evidence led it by the prosecution, both the Courts below rightly found the accused guilty of the offences. The said finding of guilt, which is based on facts, could not be assailed in this revision petition. The petitioner’s counsel pleaded that sentence of imprisonment of six months imposed by the Courts below is on higher side, having regard to circumstances of the case. The accused is a married person who was aged 30 years by the date of offence. He was having children. It is stated that the accused was not involved in any accident either prior to this case or after this case and that mercy may be shown on the accused. Having regard to totality of the circumstances, this Court is of the opinion that sentence of imprisonment for offence under Section 304-A IPC may be altered from six months to three months. In the result, the Criminal Revision Case is dismissed, but altering sentence of imprisonment only for offence under Section 304-A IPC from six months to three months. __________________________________ SAMUDRALA GOVINDARAJULU,J 26.03.2010 v v