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1994 Supreme(AP) 97

B.SUBHASHAN REDDY
G. Simhachalam – Appellant
Versus
Depot Manager, APSRTC, Jangareddygudem Depot, West Godavari District – Respondent


( 1 ) THE writ petitioner who was a Driver serving in A. P. State Road Transport corporation by his rash and negligent driving caused the death of a motorcyclist on 28-3-1987 on route from Doramamidi to Jangareddygudem. He had to negotiate a curve near Marlagudem village and the road was not that wide. But in spite of the same he was driving the vehicle at high speed and that too by going to wrong side and did not even slow down which resulted in the accident and consequent death of an young person who was driving Hero Majestic two wheeler and was perfectly driving on his side - left side of the road. He was prosecuted for the criminal offence punishable under Section 304-A of the indian Penal Code in C. C. No. 192/87 on the file of the Court of II Additional judicial First Class Magistrate, Kovvur and to his fortune, he was acquitted by judgment dated 30-10-1990. It is not known as to whether any appeal against acquittal was filed. As such, it can be concluded that the petitioner was acquitted of the criminal charge under Section 304-A of the Indian Penal Code.

( 2 ) BUT the APSRTC authorities knowing fully well that the acquittal was only for technical reasons as the material wit






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