KANJARLA SAILU Vs. P.P.

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. aggrieved by the judgment, dated 05.05.2016, passed in Crl.A.No.148 of 2015 on the file of the VII Additional District and Sessions Judge at Bodhan, wherein the learned Sessions Judge, confirmed the conviction and sentence imposed by the learned Additional Judicial First Class Magistrate, Bodhan, against the revision petitioner/accused in C.C.No.583 of 2014 dated 10.12.2015.

(2.) It is the case of the prosecution that on 29.08.2010 the deceased Thokala Ravi @ Ravinder, went to Nizamsagar on his Scooter bearing No. AP-9-AG-8024, where he purchased fish, and while returning to Bodhan, on the way at about 2.00 P.M. or 2.30 P.M. at Sevalal Thanda of Varni Mandal, the accused being the driver of the APSRTC bus bearing No. AP 25 V 9459 came in opposite direction in a rash and negligent manner and dashed against the Scooter of the deceased. As a result of which, the deceased fell down, sustained head injury and died on the spot. Basing on the report lodged by P.W.1, Police, Varni Police Station registered a case in Crime No.144 of 2010 against the accused for the offence punishable under Section 304-A of I.P.C. After completion of the investigation the police filed charge sheet against the accused, which was taken on file as C.C.No.583 of 2014. The accused was tried for the offence under Section 304-A of I.P.C.

(3.) The prosecution has examined PWs.1 to 11 and got marked Exs.P1 to P9 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.3, was marked.