NALLAPALLI SEETHARAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Criminal Revision Case by the petitioner/accused is directed against the judgment dated 12-01-2005 in Criminal Appeal No. 77 of 2003 passed by the learned V Additional Sessions Judge, West Godavari at Eluru.

(2.) HEREINAFTER, the petitioner will be referred to as 'the accused' for the sake of convenience.

(3.) THE accused was tried by the learned Additional Judicial Magistrate of first Class, Tadepalligudem in C. C. No. 271 of 1999 and he was found guilty of the offences punishable under Section 304-A IPC and Section 134 (b) read with 187 of the MV Act and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- for the offence punishable under Section 304-A IPC, in default to undergo simple imprisonment for two months and also to pay a fine of Rs. 50/- for the offence punishable under Section 134 (b) read with Section 187 of the MV Act, in default to undergo simple imprisonment for three days. Aggrieved by the same, he preferred above referred Criminal Appeal. The appellate Court confirmed the conviction and sentence in respect of the offence punishable under Section 134 (b) read with 187 of the Motor Vehicle Act and modified the sentence from one year simple imprisonment to six months simple imprisonment for the offence punishable under Section 304 IPC.