SIDDANTHI SURYANARAYANA Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 07-11-2003 passed in s. C. No. 112 of 2002 on the file of the Court of the VIII Additional District and Sessions Judge (Fast Track Court), Visakhapatnam, convicting and sentencing the appellant - accused to suffer simple imprisonment for a period of six months for the offence punishable under section 323 of the Indian Penal Code, 1860.

(2.) THE case of the prosecution, in nutshell, is that one Madaka Pydiraju (hereinafter referred to as 'the deceased') and P. W. 1 worked as driverand conductor respectively in andhra Pradesh State Road Transport corporation, Steel City Depot, Visakhapatnam. On 31-05-2002 at about 15-05 hours the deceased and P. W. 1 boarded the RTC bus bearing No. AP10z 4377 of Route No. 77-B, as driver and conductor to ply in between munagapaka and Collectorate junction. At about 21. 15 hours, when the bus reached poorna Market Junction due to heavy traffic the deceased drove the bus very slowly and the appellant, who was coming on his motor cycle bearing No. AP35 458, while trying to overtake the bus, dashed against the left front bumper of the bus and fell down on the road along with the motor cycle. On seeing this, deceased stopped the bus and the appellant grew wild against him and forcibly entered into the bus, abused him saying that he was driving the bus blindly and also fisted him on his left cheek. When the deceased questioned about the same, the appellant again fisted blows on his left cheek, due to which he collapsed in the bus. Immediately the deceased was shifted to the King George Hospital, Visakhapatnam in an auto, but the doctors declared him dead. Later on the basis of the report lodged by p. W. 1 a case in Crime No. 62 of 2002, for the offence under Section 302 of IPC, was registered and after completion of investigation, such as recording statements etc. , the inspector of Police, Circle II Law and Order, who was examined as P. W. 12, filed charge sheet against the appellant for the offence punishable under Section 302 of IPC.

(3.) AFTER appearance of accused and on considering the material on record, the trial court framed a charge under Section 302 of ipc against the appellant, read over and explained to him in Telugu, for which he pleaded not guilty and claimed to be tried.