SK. BAJEE Vs. STATE OF A.P.

JUDGEMENT

(1.) Challenge in this Criminal Revision Case is to the judgment, dtd. 16/12/2011 in Criminal Appeal No.195 of 2010, on the file of III Additional District and Sessions Judge, Kakinda ('Additional Sessions Judge' for short), whereunder the learned Additional 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.158 of 2008, on the file of Additional Judicial I Class Magistrate, Peddapuram ('Magistrate' for short), dtd. 8/6/2010.

(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.47 of 2008 of Gandepalli Police Station, is that the accused is resident of Pitchaiah Street, Labbipeta, Vijayawada. He had valid driving license to drive the heavy motor vehicles. He was the driver of Lorry A.P.16-TV-1345 (hereinafter will be referred to as 'offending vehicle"). On 15/4/2008 at about 10.00 p.m., L.W.1-Gunimakala Venkateswarlu, one Sagi Suribabu, S/o Satyanarayana, 22 years (hereinafter will be referred to as 'deceased') and L.W.8-Gollapalli Durgayya, were coming to Borrampalem village from Talluru Village on their respective bicycles. At about 10-30 p.m., they reached outskirts of Borrampalem village on National Highway 5 road, near to the Electrical Sub-Station. At that time, the accused being the driver of the offending vehicle, drove the same in a rash and negligent manner at high speed while proceeding to Jaggampeta towards Rajahmundry side and dashed them from backside. On account of the said accident, they all fell down on the road with bicycles. The deceased received severe crushed injury on his head and died on the spot. L.W.8 was dragged to some distance and he received bleeding injuries on his person. Later, he was shifted to GSL Hospital, Rajahmundry, in 108 Ambulance and he was admitted in the hospital. The complainant received simple ruptured injuries. On the basis of a report from the complainant, a case in Crime No.47 of 2008 was registered and investigated into on 16/4/2008 at 1-30 a.m. During the course of investigation, L.W.15-N. Ramarao, Head Constable 1854 of Gandepalli Police Station, visited the scene of offence and inspected the same in the presence of L.W.9-Pusuluri Vishanadha Rao and L.W.10-Pallapu Satyanarayana, the mediators. He got drafted observation report and photographed the scene in different angles with the help of L.W.7-P. Suribabu, Photographer. He prepared rough sketch of the scene of offence. He held inquest over the dead body of the deceased and examined the statements of the witnesses and blood relatives. He forwarded the dead body for post mortem to Government Hospital, Peddapuram.