ERLAPALLI PRAKASHAM Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision case is directed against the judgment in Criminal Appeal No.54 of 1997 dated 6-7-2000 passed by the learned Sessions Judge, Khammam confirming the conviction and sentence imposed against him by the Judicial Magistrate of First Class, Yellandu in CC No.524 of 1995 to undergo rigorous imprisonment for six months for the offence under Section 304-A IPC, two months for the offence under Section 338 IPC, one month for the offence under Section 337 IPC and also imposition of fine of Rs.100/- for the offence under Section 252 read with 177 of the Motor Vehicles Transport Rules, 1989 in default to suffer simple imprisonment for fifteen days.

(2.) The case of the prosecution in brief is that on 19-2-1995 at about 4-45 a.m., due to the rash and negligent driving of the Matador van bearing No.AP 20 T 2388 by the revision petitioner-accused, it turned turtle and fell into a ditch. As a result of which Poddoji Nagamani, Mogili Rambabu and Nacherla Bhagyamma died and 10 other persons sustained injuries. After completion of investigation, the revision petitioner- accused was charge-sheeted for the offences under Section 304-A, 338 and 337 IPC and Section 252 read with 177 of the Motor Vehicles Rules, 1989.

(3.) The prosecution examined PWs.1 to 17 and got marked Ex.Pl to Ex.P28 in support of its case. No.oral or documentary evidence was adduced on behalf of the revision petitioner-accused.