JANGONI VIJENDER Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., questioning the judgment, dated 25.07.2005 passed in Crl.A.No.129 of 2004 on the file of the III Additional Sessions Judge, Warangal, confirming the conviction and sentence of simple imprisonment for a period of one year and fine of Rs.250/-, in default, simple imprisonment for one month for the offence under Section 304-A of I.P.C. imposed against the revision petitioner/accused in C.C.No.798 of 2000 by the Judicial First Class Magistrate, Jangaon, dated 30.07.2004.

(2.) It is the case of the prosecution that on 15.05.2000 at about 8.00 p.m., while one Yedula Krishna Reddy (hereinafter referred to as 'the deceased'), was coming on cycle on the main road of Cherial-Siddipet, the revision petitioner/accused, drove the Jeep bearing No.A.E.U.5000 at high speed in a rash and negligent manner and dashed against the cycle of the deceased. As a result of which, the deceased fell on the ground and died on the spot. Basing on the report lodged by P.W.1, Police, Cherial Police Station, registered a case in Crime No.43 of 2000 against the revision petitioner/accused for the offence punishable under Section 304-A of I.P.C. After completion of investigation, the police filed charge sheet against the accused, which was taken on file as C.C.No.798 of 2000. The accused was tried for the offence under Section 304-A of I.P.C.

(3.) The prosecution has examined PWs.1 to 8 and got marked Exs.P1 to P4 to prove the guilt of the accused. On behalf of the accused, no oral evidence was adduced, but Ex.D1, a portion in 161 Cr.P.C. statement of P.W.4, was marked.