K DHANANJAYA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This criminal revision is directed against the judgment in Criminal Appeal No. 140 of 1997 rendered by the II Additional District and Sessions Judge, (Fast Track Court) Sangareddy confirming the conviction recorded against the petitioner to undergo simple imprisonment for a period of one year and imposition of fine of Rs.2,000/- in default simple imprisonment for two months by the Principal Judicial First Class Magistrate at Sangareedy in CC No.945 of 1995.

(2.) It is alleged that on 9-11-1995 at 8.00 p.m., the accused drove the Suzuki Motor Cycle in a rash and negligent manner and dashed against Narasimha Reddy the brother-in-law of the complainant going on his cycle, due to which he sustained injuries on his testicals, legs and abdomen and died at the Gandhi Hospital. It led to registering of a complaint under Section 304 A IPC and laying of the charge-sheet. After trial, the Magistrate recorded the finding of guilt under Section 304 A of IPC against the accused and sentenced him to undergo simple imprisonment for a period of one year and also imposed a fine of Rs.2,000/- in default simple imprisonment for two months. Aggrieved by the same, the matter has been carried in appeal before the Sessions Court at Sangareddy. The Additional District and Sessions Judge (Fast Track Court) Sangareddy dismissed the Criminal Appeal No.140 of 1997 preferred by the accused after confirming the conviction and sentence awarded by the Magistrate. Thereupon, the accused has invoked the revisional jurisdiction of this Court.

(3.) It is mainly contended by the Counsel appearing for the revision petitioner that involvement of the vehicle of the accused in the accident was not established beyond reasonable doubt as well as the accused was driving the motor cycle in a rash and negligent manner. It is also contended that there is possibility of pillion rider falling down by the dint of hit due to sudden application of breaks.