ISLAVATH TARU NAIK Vs. STATE OF A.P.

JUDGEMENT

(1.) The Criminal Revision Case, under Ss. 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. 22/10/2009 passed in Crl.A.No.259 of 2008 on the file of the learned VIII Additional District Judge (Fast Track Court), Guntur (for short, '1st Appellate Court'), whereby the 1st Appellate Court dismissed the appeal, confirming the conviction and sentence imposed against the appellant/accused for the offences punishable under Sec. 304A of Indian Penal Code, 1860 (for short, 'IPC') vide judgment dtd. 22/7/2008 passed in C.C.No.81 of 2007 on the file of the learned VI Additional Junior Civil Judge, Guntur (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: The accused, driver of APSRTC hired bus No.AP 7X 1255 from Guntur-1 Depot, drove the vehicle rashly and negligently, causing the death of the deceased, who succumbed to injuries at the Government Hospital. The incident was witnessed by relatives and others present. On PW.1's report, a case was registered. PW.11, Sub-Inspector of Police, visited the scene, prepared an observation report and rough sketch, held an inquest, and sent the body for post-mortem. The doctor opined that death was due to haemorrhagic shock from multiple injuries. The Motor Vehicle Inspector confirmed there was no mechanical defect in the vehicle. The accused was arrested on 9/6/2006 and remanded to judicial custody. On completion of the investigation, the Sub-Inspector filed the charge sheet.