DUMMANABONA SRINIVASA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Revision Case, under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, 'Cr.P.C.'), is filed on behalf of the petitioner/accused, assailing the Judgment dtd. 10/1/2017 passed in Crl.A.No.265 of 2015 by the learned Metropolitan Sessions Judge, Vijayawada (for short, the '1st Appellate Court'), whereby the 1st Appellate Court dismissed the appeal, confirming the conviction and sentence imposed against the appellant/accused for the offence under Sec. 338 of Indian Penal Code, 1860 (for short, 'IPC') and Ss. 134(a) & (b) read with Sec. 187 of the Motor Vehicles Act (for short, 'M.V.Act') vide Judgment dtd. 2/9/2015 passed in C.C.No.233 of 2012 by the learned III Metropolitan Magistrate, Vijayawada (for short, the 'Trial Court').

(2.) For the sake of convenience, the parties to this Criminal Revision Case will hereinafter be referred to as they were before the Trial Court.

(3.) The brief facts of the case of the prosecution are that: The prosecution case, in brief, is that on 4/6/2012 at about 2:00 P.M., PW.1 was proceeding from his college at Jupudi to his residence at B Colony, Kondapalli, on his Bajaj Discover motorcycle bearing registration No.AP16 0598. When he reached near NTR Circle at Kondapalli, the accused, who was driving an auto-rickshaw bearing registration No.AP16 TB 244, allegedly drove the vehicle in a rash and negligent manner, at high speed, without sounding the horn, and collided with PW.1's motorcycle coming from the opposite direction. The accused then fled from the scene, abandoning the auto-rickshaw at the spot. As a result of the impact, PW.1 fell from his motorcycle and sustained a fracture injury below the right knee. He was subsequently shifted to Time Hospital, Vijayawada, for treatment. Upon receiving information, LW.7, Woman Assistant Sub-Inspector, Penamaluru Police Station, recorded the statement of PW.1. Based on his statement, PW.3 registered a case, conducted investigation, arrested the accused, and produced him before the Court for remand. After obtaining the wound certificate of the injured, LW.9, Sub-Inspector of Police, filed the charge sheet against the accused in Crime No. 297/2012 for the offences punishable under Sec. 338 of the IPC and Ss. 134(a) & (b) read with Sec. 187 of the M.V.Act.