KOMMINTI VEERA VENKATA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Revision is arising out of judgment dtd. 9/5/2012 passed in Crl.A.No.60 of 2010 on the file of the I Additional Sessions Judge, West Godavari, Eluru, wherein the learned Judge has dismissed the appeal confirming the conviction and sentence imposed against the accused for the offence punishable under Ss. 304-A, 338 and 337 IPC in the judgment dtd. 26/2/2010 in C.C.No.178 of 2008 passed by the learned II Additional Judicial Magistrate of First Class, Eluru.

(2.) Brief facts of the case of the prosecution are that: on 19/5/2006 at about 02.00 a.m., the accused who is the driver of lorry bearing No.AP 37 W 6679 drove the vehicle in a rash and negligent manner and by the time they reached near Surya Mineral Water Plant, the lorry dashed against the auto rickshaw bearing No.AP 37 W 50. As a result, the deceased and PW.1 to PW.4, who were traveling in the said auto as passengers sustained severe injuries and they were shifted to the Government Head Quarters Hospital, Eluru. Basing on the compliant of PW.1, a case in crime No.76 of 2006 has been registered for the offence punishable under Ss. 338 and 337 IPC. While undergoing treatment, the deceased succumbed to the injuries. Police after conducting investigation filed charge sheet and the same was taken on file as C.C.No.178 of 2008 on the file of the learned II Additional Judicial Magistrate of First Class, Eluru.

(3.) The prosecution examined PW.1 to PW.11 and marked Ex.P1 to Ex.P12. On behalf of the accused, neither oral nor documentary evidence was adduced.