PAILA SANYASI RAO Vs. STATE OF A.P

JUDGEMENT

(1.) This revision petition is preferred by the accused against the concurrent judgments of conviction and sentence passed against him in Criminal Appeal No.95 of 2007 on the file of IV Additional District & Sessions Judge, Visakhapatnam, dtd. 1/7/2009 for the offence punishable under Sec. 304 A IPC and sentenced to undergo Simple Imprisonment for a period of six months and pay a fine of Rs.5,000.00, in default, Simple Imprisonment for a period of 10 days by confirming the conviction and sentence passed in C.C.No.579 of 2002 on the file of III Addl. Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka, dtd. 10/8/2007.

(2.) Case of prosecution in brief is that on early hours of 4/10/2002, the deceased went to the tea stall of P.W.1/S.Govinda Rao, near IBP Petrol Bunk, Srinagar at about 06.00 hours. After having tea, while he was crossing the road, the accused being driver of Trucker Jeep bearing No.AP31U6578 proceeding from Anakapalle towards Gajuwaka in a rash and negligent manner with high speed dashed the deceased resulting which, he sustained injuries. Immediately, he was shifted to R.K Hospital by the accused himself in the Trucker and after rendering first aid, the deceased was shifted to K.G. Hospital, Visakhapatnam for treatment. Basing on the report of PW1, a case is registered as Crime No.25 of 2002 under Sec. 337 of IPC. While so, during the treatment in the hospital, accused died on 7/10/2002. On receipt of the death intimation from the PW3 who is the brother of the deceased vide Ex.P2, the Sec. of law is altered to Sec. 304-A of IPC.

(3.) During the course of investigation, P.W.6/SI of Police examined and recorded the statement of the witness and conducted inquest of deceased and sent the body for Post Mortem Examination. P.W.5 conducted Post Mortem and executed Ex.P4 wherein it was reported multiple injuries. A charge sheet was filed against the accused for the offence punishable under Sec. 304 of IPC.