VANGURI MALLAIAH Vs. P.P.

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment dt.20/10/2014 in C.C No.203 of 2005 of the learned Judicial Magistrate of First Class, Madhira, wherein the revision petitioner was convicted and sentenced to imprisonment for

(2.) years with a fine of Rs.5,000.00, in default, simple imprisonment for six months for the offence under Sec. 304A of Indian Penal Code. He is further sentenced to pay a fine amount of Rs.500.00for the offence under Sec. 3 read with Sec. 181 of the Motor Vehicles Act, in default, simple imprisonment for one month. Since, accused No.1/revision petitioner is convicted under Sec. 304-A IPC, he need not be separately convicted for the offences under Sec. 337 and 338 IPC since the act of accused No.1 is single in view of Sec. 71 of IPC. Aggrieved by the said judgment, the revision petitioner/accused No.1 preferred an appeal before the learned Principal Sessions Judge, Khammam, in Crl. Appeal No.165 of 2014 dt.3/2/2016 and the appellate Court has confirmed the conviction for the offence under Sec. 304A IPC, however, modified the sentence of imprisonment from two years to one and half years, and the fine imposed for the offences under Sec. 304A IPC and under Sec. 3 read with Sec. 181 of the Motor Vehicles Act are confirmed. Hence, the present revision. 2. The case of the prosecution is as follows: On 11/3/2004 at 11.30 hours, the de facto complainant Annepogu VIjayamma (PW1) lodged a complaint before the police Bonakal stating that she is mason by profession and she engaged coolie workers and on the fatal day of accident, at about 09.30 hours, she along with her villagers, viz. (PWs.2 to 18, 25 and Annepogu Ratnakumari (LW6) and Deceased Nos. 1 to 3 were proceeding to the Chilli Garden of Boinapalli Suryanaraya of Choppakatlapalem for plucking the Chillies. In the meanwhile, A1 allowed the above said coolies to sit in the Tractor bearing No.AP-20/F-8339/Trolley bearing No.AP-20/U-6940 owned by A2, and were proceeding towards Choppakatlapalem. On the way, the driver of Tractor/A1, drove the said tractor in a rash and negligent manner and when reached near Shakamuri Ravikumar's mango garden near a turning, the trailer de-linked from the tractor and turned turtle and fell into a trench, as a result, the occupants, who sat on the trolley, received injuries. Immediately, they were shifted to Primary Health Centre, Bonakal, and some others were shifted to Government Hospital, Khammam, for treatment. While undergoing treatment, Marikanti Suvartha/deceased No.1 died of injuries at the said Hospital. The driver absconded along with tractor.

(3.) On a complaint, a case under Ss. 304A, 337 and 338 of IPC was registered against the driver of the Tractor in Cr.No.18 of 2004. During the course of investigation, two other injured succumbed to the injuries while undergoing treatment.