STATE OF TELANGANA Vs. DONGRE PRAKASH

JUDGEMENT

(1.) The present appeal is filed questioning the acquittal recorded by the III Additional District and Sessions Judge, at Asifabad in Criminal Appeal No.58 of 2019 dtd. 22/8/2019 reversing the judgment of conviction of the Additional Judicial Magistrate of First Class at Asifabad in C.C.No.156 of 2014.

(2.) The conviction was recorded by the learned Magistrate for the offences under Sec. 304-A of IPC and sentenced to simple imprisonment for a period of six months and to pay a fine of Rs.2,000.00. Further, the respondent/accused was also sentenced to pay fine of Rs.500.00 under Sec. 337 of IPC.

(3.) Briefly, the case of the prosecution is that the respondent/appellant/accused is RTC driver. On 27/3/2014 while he was driving bus in a rash and negligent manner, dashed the motor cycle of the deceased and the back tyre of the bus ran over the head of the deceased and caused his instantaneous death. The learned Magistrate, having found the respondent/accused guilty, convicted as stated above. However, the appellate Sessions Judge, on appeal by the respondent/accused acquitted the respondent on the following grounds: