M.NARAYANA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397 and 401 of Cr.P.C., is filed by the petitioner/accused, challenging the judgment, dtd. 17/12/2007, passed in Criminal Appeal No.240 of 2007 by the IV Additional Metropolitan Sessions Judge, Hyderabad, whereby, the judgment, dtd. 29/6/2007, passed in C.C.No.736 of 2003, by the IV Additional Chief Metropolitan Magistrate, Hyderabad, convicting the petitioner/accused of the offence under Sec. 304A of IPC and sentencing him to undergo imprisonment for a period of six months and to pay fine of Rs.5,000.00, in default, to undergo simple imprisonment for one month, was confirmed.

(2.) I have heard the submissions of the learned counsel for the petitioner/accused and the learned Assistant Public Prosecutor representing the respondent-State. I have perused the record.

(3.) The charge-sheet allegations, in brief, are that on 6/12/2002 evening hours, the de-facto complainant-Thota Vijay, along with his wife-Sridevi and son-Suraj, aged 13 months, was proceeding on Bajaj Chetak Scooter bearing registration No.AP-10- J-5576 from their house to Boduppal to visit their relative. When he reached near Mahaveer Emporium, Habsiguda, an APSRTC Bus bearing registration No.AP-09-Z-5820, being driven by its driver in a rash and negligent manner, hit the scooter from backside. While the bus ran over the minor boy Suraj resulting in his instantaneous death, Sridevi received severe injuries on her head and the complainant received simple injuries. Immediately, the complainant and his wife Sridevi were shifted to Gandhi Hospital for treatment, where the doctor declared that the wife of the complainant Sridevi was brought dead. On a report lodged by the complainant, the police registered the subject crime, completed investigation, and laid charge-sheet before the trial Court against the driver of the bus for the offence under Sec. 304A of IPC.