HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 727 OF 2004. DATED 16TH JUNE, 2010. BETWEEN PachechipaleSreenivas ….petitioner And The Sub inspector of police, Markapur Town Police Station, Rep. By Public Prosecutor. ….Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 727 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of Cr.P.C. arises out of the judgment dated 13.4.2004 passed in Criminal Appeal No. 178 of 2001 by the learned VI Additional District and Sessions Judge, Ongole, conﬁrming the conviction and sentence imposed by the learned judicial Magistrate of First Class Markapur in C.C.No. 289 of 1988, dated 27.8.2001. It was alleged that while Samudrala China Anjaneyulu (PW1) and Anna Sreenivasa Rao (deceased) were proceeding on Cumbam-Markapur road on a cycle on 13.6.1998, and when they reached DFO’s oﬃce at Markapur at about 4.00 PM, the accused being the driver cum owner of the lorry bearing registration No.AP.G.8089 being driven in rash and negligent manner, at high speed, dashed against the deceased cyclist, due to which the deceased fell down on the road, sustained fatal injury on his back side of the head and died instantaneously . Hence the charge. In this revision, the learned Counsel for the petitioner/accused submitted that P.W.1 deposed before the trial Court that the crime lorry came in normal speed. P.W.2 deposed that the said vehicle came in rash and negligent manner. P.Ws. 3 and 4 turned hostile and that there was no driving of the vehicle in rash and negligent manner. On a perusal of the entire record, this Court is of the view that there is ample evidence to prove that the petitioner drove the vehicle in rash and negligent manner. On advancing arguments for some time, the learned Counsel for the petitioner conﬁned his submission in connection with the inﬂicting of sentence. Considering the facts and circumstances of the case and that the occurrence took place in the year 1998 and the petitioner is now aged about 50 years, and he is the only breadwinner to his family members and he has to look after his family members and school going children, this Court is of the considered opinion that the petitioner to entitled to some indulgence on inﬂicting of sentence. There is also no serious opposition from the side of the learned Public Prosecutor. Considering the above facts and circumstances, the conviction imposed by the Court below is conﬁrmed, however, the sentence of imprisonment imposed by it is set aside. The petitioner/accused is directed to pay a sum of Rs.10,000/- apart from the ﬁne amount imposed by the Court below, within a period of four weeks from the date of a copy of this order is made ready. On such payment, the legal heirs of the deceased are entitled to receive the same as compensation under Section 357 Cr.P.C. The learned Magistrate is directed to disburse the said amount on ﬁling of the necessary application by the legal heirs of the deceased. With the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. -------------------------------- JUSTICE RAJA ELANGO Dated 16th June, 2010. Msnr.