POKALA SRINIVASA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Revision Case is to the judgment, dtd. 2/7/2010 in Criminal Appeal No.58 of 2008, on the file of Sessions Judge, Vizianagaram ("Sessions Judge" for short), whereunder the learned Sessions Judge, dismissed the Criminal Appeal filed by the appellant confirming the conviction and sentence under Ss. 337 and 304-A of the Indian Penal Code ("IPC" for short) in C.C.No.114 of 2007, on the file of Judicial I Class Magistrate, Kothavalasa ("Magistrate" for short), dtd. 3/11/2008.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of convenience.

(3.) The case of the prosecution, in brief, according to the charge sheet in Crime No.40 of 2007 of L. Kota Police Station, is that the accused is resident of Thalari Village and he is the driver of Goods Auto bearing A.P.35-U-3196 (hereinafter will be referred to as "offending vehicle") at the time of accident. On 11/6/2007 one Singanapalli Rama Rao (hereinafter will be referred to as "deceased") along with his wife L.W.4-Singanapalli Sri Mangalakshmi Devi @ Sridevi, were proceeding from Khasapeta Village to Visakhapatnam on their motorcycle bearing No.A.P.35-E- 5230. At 7-30 a.m., they reached near Gangubudi junction. Accused driver of the offending vehicle, driven the same in a rash and negligent manner with high speed while proceeding from Kothavalasa side and dashed against the motorcycle of the deceased. As a result there of, the deceased died instantaneously and his wife i.e., pillion rider received grievous injuries on her both legs and body. L.W.5-Sirisipalli Chinnbanmnaidu and L.W.6-Dasari Sanyasinaidu, occupants in the offending vehicle, also received injuries on their person. Basing on the report given by L.W.1- Chokkakula Raghuram, a case in Crime No.40 of 2007 under Ss. 337, 338 and 304-A of IPC was registered and investigated into by L.W.16-B. Mallunaidu, ASI of L.Kota Police Station. During the course of investigation, he visited the scene of offence, prepared rough sketch, examined the witnesses and recorded their statements. He conducted inquest over the dead body of deceased in the presence of mediators. He forwarded the dead body for post mortem examination to the MedicalOfficer, Community Health Center, S. Kota. L.W.11-Podela Ramu, the photographer, took photos at the scene of offence. L.W.12-SM Suresh Kumar, Asst. Motor Vehicle Inspector, inspected the offending vehicle and opined that the accident was not occurred due to any mechanical defects of the offending vehicle. L.W.13- Dr. K. Raja Sagar, the Medical Officer, Vaishnavi Hospital, Visakhapatnam, treated the injured and issued wound certificate stating that the injuries are grievous in nature. L.W.14-Dr. R. Thrinadha Rao, examined L.W.6-Dasari Sanyasinaidu and issued wound certificate stating that the injuries are grievous in nature. During investigation, L.W.17-B. Lalitha, Sub-Inspector of Police arrested the accused on 25/6/2007 and sent him for remand. The accused drove the offending vehicle in a rash and negligent manner and caused instantaneous death of the deceased and caused injuries to L.W.4 to L.W.6. Hence, the charge sheet.