MANDA KADAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) P.W.3 is an eye-witness. His evidence was considered at length and ultimately on appreciation by the Magistrate before whom the evidence has been recorded, it was found that the direct testimony can be accepted. Both the Courts are justified in arriving at the conclusion. Therefore, no case is made out for interference by this Court.

(2.) It is contended that the Probation of Offenders Act applies and relied upon Aitha Chander vs. State of A.P. Each case has to be decided on the facts and circumstances of the case.

(3.) This is a case where the conduct of the accused is driving the lorry in a rash and negligent way, involving in death of young persons. This Court feels that ultimately the Probation of Offenders Act cannot be applied.