C SHANMUGAM GANGA Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is preferred against concurrent judgments of conviction and sentence passed against the revision petitioner in Crl. Appeal No.214 of 2005, dtd. 15/3/2007 on the file of VI Additional District & Sessions Judge (FTC), Tirupathi, Chittor District, by confirming the sentence passed in C.C. No.551 of 2002 dtd. 21/7/2005 on the file of the II Additional Judicial Magistrate of I Class, Tirupathi.

(2.) The gravamen of charge against the accused is for the offence punishable under Sec. 304-A of Indian Penal Code (in short 'I.P.C.') and Sec. 3 r/w.181 of Motor Vehicle Act (in short 'M.V. Act').

(3.) Case of the prosecution in brief is that, on 23/7/2003 at about 10.00 P.M., deceased baby Gowri went to attend nature calls beside the road and infront of the house of PW.1. PW.2 - A.Nirmala Jyothi is mother of the girl, PW.1 - A.Vajram is the mother-in-law of PW.2. PW.1 was standing infront of their house on the main road itself and with a view to return to her house, while she was crossing the road, the accused drove the Auto bearing No.AP 03 V 3383 with high speed in rash and negligent manner and hit the girl, due to which she sustained bleeding injuries on her head and right leg. PW.1 and others took the injured girl to SVIMS Hospital. She died at about 11.00 A.M. while undergoing treatment. Basing on the statement of the grandmother of the child i.e. PW.1, case was registered against the accused for the offence punishable under Sec. 304-A of I.P.C., vide Ex.P7.