NALLAMOTHU RAJENDRAPRASAD Vs. THORLIKONDA SATYANARAYANA

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein, challenging the judgment dated 14.06.2007, passed by the I Additional Judicial Magistrate of First Class, FAC II Additional Judicial Magistrate of First Class, Tenali, in C.C.No.21 of 2006.

(2.) THE revision petitioner herein is the de facto complainant and respondent Nos.1 and 2 are accused and complainant in C.C.No.21 of 2006 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C. before the trial Court.

(3.) THE brief facts of the case are that on 03.10.2005 at about 04:00 p.m, one Nallamothu Tejo Bhargava (hereinafter referred to as 'the deceased') and his sister Nallamothu Tejaswini accompanied their father -de facto complainant and boarded an Auto at Duggirala, to go to Tenali, for purchase of crackers in connection with Deepavali festival. While the auto was proceeding and when reached Kattevaram bridge on Tenali Vijayawada road, the accused who was driving the R.T.C bus bearing No.AP.11.Z.4311, drove the bus in a rash and negligent manner and while overtaking another auto, dashed the deceased in opposite direction. Initially, the injured was shifted to Dr.Chadalawada Krishnaiah'a hospital and from there on the advice of the doctor, taken to Peoples' Trauma Hospital, Guntur, for treatment. After receiving the hospital intimation, the Assistant Sub -Inspector of Police, Kothapet, L&O Police Station, Guntur, visited the hospital and recorded the statement of the de facto complainant as Ex.P1, registered the same as a case in Cr.No.174 of 2005 for the offence punishable under Section 337 I.P.C and issued Ex.P4 First Information Report. During the course of investigation, the Investigating Officer received the death intimation of the deceased, on the basis of which he altered the Section of law from 337 to 304 -A I.P.C and issued altered First Information Report. He conducted inquest in the presence of mediators and got drafted the inquest panchanama. After recording the statement of all the witnesses and after receiving the post -mortem report, he filed the charge sheet into the Court.