TADIVALASA KOTESWARA RAO Vs. STATE OF A. P.

JUDGEMENT

(1.) The Criminal Revision Case, under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is filed on behalf of the petitioner/accused assailing the judgment dtd. 10/3/2010 passed in Crl.A.No.29 of 2008 on the file of the learned Sessions Judge, Vizianagaram (for short, '1st Appellate Court') whereby the 1st Appellate Court dismissed the appeal, by confirming the conviction and sentence imposed against the appellant/accused for the offences punishable under Sec. 304A, 338 and 337 of Indian Penal Code, 1860 (for short, 'IPC') vide judgment dtd. 13/6/2008 passed in C.C.No.21 of 2007 on the file of the learned Judicial Magistrate of I Class, Gajapathinagaram (for short, 'the Trial Court').

(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 brief facts of the prosecution's case are that on the night of 13/1/2007 at 10 PM, the deceased (Gandreti Satyam), along with Shaik Alim and Pikka Simhachalam, boarded a goods auto (No.AP 35 11 198) carrying vegetable bags for sale at Vizianagaram Market. The accused, driving the auto rashly and negligently at high speed on NH43 between Billalavalasa and Neliwada villages, lost control, causing the vehicle to overturn. As a result, all three sustained grievous injuries. They were immediately taken to Government Hospital, Vizianagaram, where Gandren Satvam died on 16/1/2007 during treatment. The H.C.No.871, in charge of the hospital outpost, recorded the injured's statement and forwarded it to Bondapalli Police Station. Subsequently, the Sub-Inspector registered the case in Crime No.4/2007 under Sec. 337 of IPC. Upon receiving the death report, the offence under Sec. 304A of IPC was included. An inquest was conducted over the deceased's body, the scene was photographed, witnesses were examined, and their statements recorded. The medical officer performed the postmortem examination. After receiving the Motor Vehicle Inspector's report, wound certificates, and postmortem findings, the Sub-Inspector of Police filed a charge sheet against the accused under Ss. 304A, 338 and 337 of IPC, and Ss. 184 and 177 of the Motor Vehicles Act.