B.N.KIRPAL, S.RAJENDRA BABU
State of A. P. – Appellant
Versus
Rajagopala Rao – Respondent
B.N.KIRPAL, J.
(1) SPECIAL leave granted.
(2) THE respondent was a driver of an RTC bus. It met with an accident which resulted in the death of one person.
(3) THE respondent was prosecuted and convicted by the Magistrate under Section 304-A IPC and sentenced to undergo rigorous imprisonment for one year. On appeal, the Sessions Judge, Ranga Reddy District, reduced the sentence to three months. A revision petition was filed in the High Court and the High Court allowed the same by observing as follows:
"I perused the entire evidence available on record and also the judgments of the lower courts. There is no acceptable evidence to indicate that the petitioner-accused was responsible for causing the accident and that he drove the vehicle rashly and negligently. I do not find any ground to convict the accused basing on the little evidence available. Therefore the criminal revision case is allowed and the conviction and sentence passed by the lower courts are set aside and the petitioner-accused is acquitted of the offence with which he is charged."
(4) THE High Court in exercise of its revisional power has upset the concurrent findings of
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