MUKHTIAR SINGH Vs. STATE OF A P

JUDGEMENT

(1.) Challenging the judgment dated 29-5-2002 in Criminal Appeal No. 19 of 2001 on the file of the Metropolitan Sessions Judge, Visakhapatnam, the present revision case is filed.

(2.) The case of the prosecution is that on 11-1-1998 at about 5.30 p.m., while the deceased was proceeding on a scooter to Vizianagaram, another scooter driven by P.W.9 came in opposite direction and dashed him and as a result, he fell down, and it is at this time, the revision petitioner, who was driving the truck bearing no. ADJ 9062 while overtaking a lorry, dashed against him and as a result the deceased died on the spot. Basing on the report given by P.W.1, police registered the case, investigated into and after completion of investigation, filed the charge-sheet for the offence punishable under Section 304-A I.P.C.

(3.) To substantiate the case of prosecution 13 witnesses P.Ws.1 to 13 were examined and got marked 7 documents Exs.P1 to P7. Ex.Dl is marked on behalf of the defence. Accepting the evidence of prosecution, the trial Court, vide judgment dated 29-12-2000 in C.C.No.63 of 1998 on the file of the VIII Metropolitan Magistrate, Visakhapatnam at Gajuwaka, found the accused guilty for the offence punishable under Section 304-A I.P.C. and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for a period of three months. On appeal, the appellate Court confirmed the conviction and sentence recorded by the trial Court. Hence, the revision.