K RAJAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal revision is directed against the judgment in Criminal Appeal No. 17 of 2004 dated 15/10/2004 passed by the VII Additional Sessions Judge (Fast track Court), Nizamabad at Bodhan, whereby and whereunder the learned Assistant Sessions Judge confirmed the judgment dated 10/3/2004 passed in CC No.457 of 2002 by the Judicial Magistrate of the First Class, Bodhan, convicting the petitioner herein for the offence punishable under Sections 304-A, 337 IPC but sentencing him only for the first offence to suffer Rigorous Imprisonment for one year and to pay fine of Rs.3,000/- and in default, to suffer Simple Imprisonment for three months. The petitioner herein will be referred to as accused for the sake of convenience.

(2.) The prosecution case, in brief, is as follows: The accused was driving APSRTC bus bearing registration No.AP 10 Z 3008 from Banswada side to Nizamabad on 13.8.2002 at about 08:25 a.m. At that time, one Bhukya Rajesh @ Katroth Rajesh (hereinafter referred to as the deceased) and one Kunsoth Rajesh (PW7) were going to Bharath Vidyaniketan School at Mosra Village on a cycle. Kunsoth Rajesh was the pillion rider and the deceased was pedaling the cycle. It is alleged that the accused had driven the bus in rash and negligent manner and dashed against the cycle as a result of which, both the boys on the cycle sustained injuries and while they were on the midway to hospital, Bhukya Rajesh succumbed to the injuries. The father of the deceased - Bhukya Mohan, after coming to know about the death of his son in the accident, lodged complaint in Ex.P1 basing upon which, PW8 - Sub- Inspector of Police, Varsi, registered a case. The Sub-Inspector had also visited the scene of offence, examined the material witnesses, conducted inquest over the dead body of the deceased in the presence of mediators, drawn a rough sketch of the scene of offence in Ex.P5 and after obtaining reports from the Motor Vehicle Inspector and Post-mortem Certificate, filed charge- sheet.

(3.) Since the accused denied the charges levelled against him, the prosecution, in order to prove its case, examined PWs.1 to 5 and marked Exs.Pl to P11. None were examined on behalf of the accused and no documents were marked.