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1994 Supreme(AP) 79

B.SUBHASHAN REDDY
G. Simhachalam – Appellant
Versus
Depot Manager, APSRTC – Respondent


B. SUBHASHAN REDDY, J.

( 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 motor-cyclist on 28-3-1987 "on route from Doramamidi to jangareddygudem He had to negotiate a curve near Mariagudem village and the road was not that wide. But, inspite 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, Kowur 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 reason






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