VENTRIPADU RAMAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is directed against the judgment dated 10-12-1991, in Crl. Appeal 133/89, on the file of the I Addl. Sessions Judge, Krishna at Machila- patnam, confirming the conviction and sentence of the petitioner imposed by the Judicial First Class Magistrate, Kaikaluru, by judgment dated 16-5-1989 in C.C.No. 161/87, for the offences under Sections 304-A and 338 IPC and Sec. 89(b) r/w Sec. 118 of the Motor Vehicles Act. The learned Magistrate convicted and sentenced the petitioner under Section 304-A IPC to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default to suffer R.I for three months; under Section 338 IPC to suffer R.I for three months and to pay a fine of Rs. 500/-; under Section 89(b) r/w Sec. 118 of the Motor Vehicles Act to suffer R.I for one month. On appeal, the conviction and sentence of the petitioner/ accused for the above mentioned offences was confirmed by the lower appellate court. Aggrieved by the same, the present revision is filled.

(2.) The facts necessary are that: The tractor AHK 327, along with the trailer AHK 328, which was being driven by the petitioner/accused from Kurada to Penduru was involved in an accident on 12-6-1986 at 4. A.M. near Venkataswara Rice Mill in Upparagudem village. The trailer got delinked from the tractor and the tractor rammed into the house of the deceased and ran-over him while he was sleeping on a cot. Mother of the deceased, who was also sleeping nearby, sustained grievous injuries. At 9. A.M. on the same day, a report was given to the police by P.W.2. Later, the police laid a charge-sheet against the accused/ petitioner.

(3.) In order to prove its case, prosecution in all examined P.Ws. 1 to 13 and marked Exs.P.1 to P. 12. The accused/petitioner has examined none and marked no documents. Material objects 1 and 2 were marked by the prosecution.