THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.293 OF 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 04.02.2011, passed by the V Additional District and Sessions Judge, Ongole in Crl.A.No.148 of 2008, wherein and whereby the judgment, dated 12.12.2008, passed in C.C.No.145 of 2003 on the file of the Judicial Magistrate of First Class, Podili, convicting and sentencing the petitioner-accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for three months for the offences punishable under Sections 338 and 304-A IPC on each count, was confirmed. The succinct facts of the prosecution case are that the Sub-Inspector of Police, Podili Police Station filed a charge sheet against the accused alleging that on 28.05.2002, the complainant-Sarvepalli Kumar and the deceased-Jada Ramesh were going on a motor cycle from Podili to Donakonda and when the said vehicle reached near Salakanuthala village, at about 5.30 pm., the accused being driver of RTC bus bearing No.AP 10Z 7740 drove the same in a rash and negligent manner and hit the motor cycle of the complainant, as a result, both the complainant and the deceased fell down and sustained bleeding injuries and were shifted to Government Hospital, Ongole, where the deceased was declared dead. In this connection, a case was registered and after completion of the investigation, the charge sheet was filed. During the course of trial, on behalf of the prosecution, P.Ws.1 to 7 were examined and Exs.P-1 to P-5 were exhibited. On behalf of the defence, neither oral nor documentary evidence was marked. The learned Magistrate having analysed the entire evidence, both oral and documentary, on record, came to the conclusion that the accused is guilty of the offences punishable under Sections 338 and 304-A and accordingly, convicted and sentenced him, which was confirmed in the appeal, as stated supra. When this matter is taken up for hearing, the learned counsel for the petitioner fairly conceded that it is not a case for interference on merits, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for a period of about one week. Having regard to the said fact, this Court looked into the record. The impugned judgment was pronounced on 04.02.2011 and immediately, the petitioner was taken into custody and sent to the jail, and as such, as of today, he has been in jail for about one week. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of one year each for the offences punishable under Sections 338 IPC and 304-A IPC imposed on the petitioner-accused by both the Courts below is reduced to that of the period already undergone by him, however, the fine amount of Rs.500/- each for the offences punishable under Sections 338 and 304-A IPC imposed on the accused is enhanced to Rs.2,000/- on each count and the petitioner-accused is directed to pay the enhanced fine amount before the competent criminal Court, within a period of four weeks from the date of receipt of a copy of this order. Further, it is made clear that if the petitioner- accused fails to pay the said enhanced fine amount within the stipulated time, he shall suffer the imprisonment imposed on him by both the Courts below. With the above modification, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 11th February 2010 DR