KOMMERA RAMESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal revision case is filed by the petitioner/appellant/ accused against the judgment and sentence passed by the court of I-Additional Session Judge, Warangal dtd. 4/2/2015 in Criminal Appeal No.52 of 2014 confirming the conviction and sentence passed by the court of the VI Additional Judicial Magistrate of First Class, Warangal dtd. 6/5/2014 in CC No.367 of 2011 for the offence under Sec. 304-A IPC.

(2.) The case of the prosecution in brief was that the petitioner/accused was working as a driver on APSRTC hired bus bearing No.AP 36 X 9650. The deceased was working as Asst. Sub Inspector of Police in Geesugonda Police Station. On 10/11/2011, the deceased went to Regional Transport Authority Warangal situated at Hanamkonda to collect Motor Vehicle Inspector 's reports. After collecting the said reports, at about 3:00 PM while he was crossing the road in front of Swapnika Matching Center, Nayeem nagar, Hanamkonda, the petitioner, who was the driver of the RTC bus plying between Narsampet to Karimnagar, coming from Karimnagar side hit the deceased from his behind in a rash and negligent manner, due to which the deceased sustained fatal injuries. PW 's.2 and 3, who happened to be at the scene of offence shifted the deceased to MGM Hospital, Warangal, where he succumbed to injuries at 4:00 PM while undergoing treatment. The wife of the deceased lodged a report. The same was registered as Crime No.457 of 2011 by the HC 1451 of Hanamkonda Traffic Police Station. The Inspector of Police visited the scene of offence, conducted a crime detail form in the presence of panch witnesses. He visited the mortuary and conducted inquest over the body of the deceased in the presence of panchas on 11/11/2011, got the dead body photographed and got it subjected to post-mortem examination. On 14/11/2011, the owner of the crime vehicle produced the accused before the Inspector. On verifying the identity of the accused, he was arrested and after collecting the PME report, the Inspector filed charge sheet against the accused for the offence under Sec. 304-A IPC.

(3.) The VI Additional Judicial Magistrate of First Class, Warangal had taken cognizance of the case and conducted trial. The prosecution got examined PW 's.1 to 11 and got marked Ex P1 to P9. No defence evidence was adduced.