LAWS(APH)-2005-7-9

RAVILLA PRASAD Vs. STATE OF A P

Decided On July 01, 2005
RAVILLA PRASAD Appellant
V/S
STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR HIGH COURT OF A.P. HYDERABAD Respondents

JUDGEMENT

(1.) This revision case is filed against the judgment dated 02-01 -2004 passed by the learned IV Additional District and Sessions Judge, Visakhapatnam, in Criminal Appeal No. 68 of 2003, under which, the judgment dated 26-09-2003 passed by the learned Additional Judicial First Class Magistrate, Yellamanchili, in C.C.No.323 of 1998 was confirmed.

(2.) The sole accused, who is the petitioner herein, was found guilty for the offences under Sections 304-A, 337 and 338 I.P.C and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- for the offence under Section 304 I.P.C., in default, to suffer rigorous imprisonment for two months. He was further sentenced to undergo rigorous imprisonment for a period of six months for the offence under Section 338 I.P.C. He was further sentenced to undergo rigorous imprisonment for a period of three months for the offence under Section 337 I.P.C.

(3.) The case of the prosecution is that on 26-05-1998, the accused drove the lorry bearing No.AP-31-U-1874 in a rash and negligent manner and dashed a Van bearing No.AP-9-U-289 coming in the opposite direction at about 11.45 p.m. at Poleramma temple, Yellampamchill. On account of which, the van driver died and some occupants of the van were injured. A case in Crime No.38/ 98 for the offences under Section 304-A, 337 and 338 I.P.C. was registered, investigated and charges sheet was filed.