KUDIPUDI SRINADH Vs. STATE OF A. P.

JUDGEMENT

(1.) The revision was preferred under Ss. 397 read with 401 of the Code of Criminal Procedure 1973 (for brevity 'the Cr.P.C.') against the Judgment in Crl.A.No. 251 of 2007 on the file of II Additional Sessions Judge, East Godavari, Amalapuram, whereby and where-under the revisionist was convicted and sentenced to undergo rigorous imprisonment for a period of six (6) months while allowing the appeal in-part. The learned Judicial Magistrate of First Class, Mummidivaram (FAC), Additional Judicial Magistrate of First Class, Amalapuram, after trial, convicted and sentenced the revisionist for the offence punishable under Sec. 304-A of the Indian Penal Code, 1860 (for short 'the I.P.C.,') to suffer simple imprisonment for a period of one year and to pay fine of Rs.1,000.00; for the offence punishable under Sec. 338 of 'the I.P.C.,' a fine of Rs.1,000.00; and for the offence under Sec. 337 of 'the I.P.C.,' a fine of Rs.400.00 was imposed.

(2.) Heard the learned counsel for the revisionist and the learned Assistant Public Prosecutor.

(3.) Mr Polisetty Radha Krishna, learned counsel for the revisionist had reiterated the grounds of appeal and submitted that even though there was no witness, who saw the occurrence of the offence that the revisionist drove the vehicle in a rash and negligent manner, the learned Trial Court and Appellate Court erred in coming to wrong conclusions and convicted the revisionist. He further submitted the Revisionist is working as a clerk in an eye hospital, passed intermediate, and got married and blessed with two children, alternatively, the learned counsel for the revisionist pleaded that the revisionist may be sentenced to undergo the imprisonment which the revisionist had already endured.