K M SUBRAMANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment dated 11-5-2001 in Criminal Appeal No. 12 of 2000 on the file of the IV Additional Sessions Judge, Kurnool, confirming the conviction of the revision petitioner-accused for the offence under Section 304-A, IPC and sentence of R.I. for one year and to pay a fine of Rs. 5000/-, in default to undergo S.I. for three months imposed upon him by the learned Judicial Magistrate of First Class, Special Mobile Court, Kurnool in C.C. No. 123 of 1999.

(2.) It is alleged that the revision petitioner-accused was the driver of the lorry bearing Registration No. TDS 7808 and on the date of accident i.e. on 21-6-1997 at about 5 p.m. he drove the lorry in the busy locality called Birla traffic junction in Kurnool town in a rash and negligent manner and dashed against two persons viz., Harijana Meesala Krishna and C. Venkata Krishna Kumar who were going on a scooter towards B. Camp side and caused their death. Hence he was charge-sheeted for the offence under Section 304-A, IPC.

(3.) During trial, in support of its case, the prosecution examined eleven witness and got marked Ex. P1 to Ex. P12. Upon consideration of both oral and documentary evidence, the Trial Court found the revision petitioner-accused guilty of the offence under Section 304-A, IPC and accordingly convicted him for the said offence and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 5000/- in default to undergo S.I. for three months. Aggrieved by the said conviction and sentences, the revision petitioner-accused carried the matter in appeal before the Sessions Court in Criminal Appeal No. 12 of 2000. The learned IV additional Sessions Judge, Kurnool by his judgment dated 11-5-2001 dismissed the appeal confirming the conviction and sentences recorded by the trial Court against the revision petitioner-accused. Aggrieved by the same, the present Revision Case has been filed.