B PARAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS revision has been filed challenging the judgment dated 3. 2. 2004 in Crl. A No. 50 of 2002 passed by the iii Additional Sessions Judge (Fast Track court), Kadapa whereby and whereunder the judgment dated 8. 2. 2002, passed by the i-Additional Judicial Magistrate of the First class, Kadapa in C. C. No. 109 of 2000 convicting the petitioner herein for the offence punishable under Section 304-A and 338 IPC and Section 134 (a) and (b)read with 187 of M. V. Act and sentencing him to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/-, in default to suffer simple imprisonment for three months for the offence punishable under Section 304-A IPC and to pay fine of rs. 500/-, in default to suffer simple imprisonment for one week for the offence punishable under Section 134 (a) and (b)read with 187 of M. V. Act, was confirmed. However, the appellate Court set aside the conviction and sentence passed against the petitioner for the offence punishable under Section 338 IPC.

(2.) THE petitioner herein shall be referred as accused hereinafter for the sake of convenience.

(3.) THE brief facts of the case necessary for disposal of this revision are as follows : the accused is a resident of Kadapa and driver of the crime vehicle bearing no. AP 04 C 6995. The said jeep was proceeding from Ramapuram towards Kadapa. B. Das - PW2, T. Subbamma - PW3, B. Gangulamma - PW4, S. Mohammed ghouse - PW5, Kaveti Narasimhulu (hereafter referred as deceased No. 1), Shaik khader Basha, (hereinafter referred as deceased No. 2) were travelling in the jeep driven by the accused. PW1-M. Raja Naik is the driver of Jeep bearing No. AP04 T 6465, which was proceeding from Raichoti to Kadapa. The jeep driven by the accused was proceeding behind the jeep driven by pw1. When the jeep of PW1 reached maddimadugu Bridge he found a tanker lorry coming in opposite direction and moved his jeep to the left side of the road and suddenly applied breaks. The accused who was driving his jeep at high speed could not control the jeep and consequently his jeep dashed against the jeep driven by pw1 from its behind. The jeep of PW1 fell on its left side. The jeep driven by the accused rolled on the road and fell in nearby field. PW1 and the above referred witnesses and others sustained injuries. Both the deceased i. e. , Kaveti Narsimulu and Shaik khader Basha died as a result of injuries sustained by them. PW1 proceeded to C. K. Dinne Police station and presented Ex. P1-report. PW10 - Sirajuddin received Ex. P1 -complaint from PW1 and basing on the same registered a case in Crime No. 32 of 2000 under Sections 338, 304-A IPC and section 134 (a) and (b) read with 187 of m. V. Act and issued FIR - Ex. P. 9. Then he visited the Government Hospital, Kadapa and examined PWs. 2 to 10 and recorded their statements. Then he visited the scene of offence and prepared rough sketch -Ex. P. 10. PW15 is the Motor Vehicle inspector, who examined both the vehicles involved in the accident and opined that the accident is not occurred due to any mechanical defects of the vehicles. PWs. 2 to 5 are the injured witnesses. PW6 is the doctor, who examined PW2 and PW4 and issued Wound Certificates in respect of the injuries sustained by those witnesses. PW7 is the doctor, who conducted the Post-mortem examination of the deceased -Kaveti Narsimhulu and issued Post-mortem certificate in Ex. P5. PW8 is another doctor, who conducted the Post-mortem Examination over the dead body of the deceased No. 2 -Shaik Khader Basha and issued Ex. P6 -Post-mortem Certificate. PW9 is the Radiologist, who had taken X rays of B. Das-PW2 and pw5. PW11 after verifying the investigation done by PW12 - K. Ravi Kumar, S. I. and after completing investigation laid charge-sheet against the accused. Prosecution in order to prove its case examined PWs. 1 to 15 and got marked Exs. P1 to P12. DW1 was examined and Exs. D1 and D2 were marked on behalf of the accused.