This criminal revision is directed against the judgment in Criminal Appeal No.17 of 2004 dated 15.10.2004 passed by the VII Additional Sessions Judge (Fast track Court), Nizamabad at Bodhan, whereby and whereunder the learned Assistant Sessions Judge confirmed the judgment dated 10.3.2004 passed in CC No.457 of 2002 by the Judicial Magistrate of the First Class, Bodhan, convicting the petitioner herein for the offence punishable under Sections 304-A, 337 IPC but sentencing him only for the first offence to suffer Rigorous Imprisonment for one year and to pay fine of Rs.3,000/- and in default, to suffer Simple Imprisonment for three months. The petitioner herein will be referred to as accused for the sake of convenience.

2. The prosecution case, in brief, is as follows:

The accused was driving APSRTC bus bearing registration No. Appellant 10 Z 3008 from Banswada side to Nizamabad on 13.8.2002 at about 08:25 a.m. At that time, one Bhukya Rajesh @ Katroth Rajesh (hereinafter referred to as the deceased) and one Kunsoth Rajesh (PW7) were going to Bharath Vidyaniketan School at Mosra Village on a cycle. Kunsoth Rajesh was the pillion rider and the deceased was pedaling the cycle. It is alleged that the accused had driven the bus in rash and negligent manner and dashed against the cycle as a result of which, both the boys on the cycle sustained injuries and while they were on the midway to hospital, Bhukya Rajesh succumbed to the injuries. The father of the deceased - Bhukya Mohan, after coming to know about the death of his son in the accident, lodged complaint in EX.P1 basing upon which, PW8 - Sub The Sub-Inspector had also visited the scene of offence, examined the material witnesses, conducted inquest over the dead body of the deceased in the presence of mediators, drawn a rough sketch of the scene of offence in Ex.P5 and after obtaining reports from the Motor Vehicle Inspector and Post-mortem Certificate, filed charge-sheet.

3. Since the accused denied the charges levelled against him, the prosecution, in order to prove its case, examined PWs.1 to 5 and marked Exs.P 1 to P 11. None were examined on behalf of the accused and no documents were marked.

4. Since the father of the deceased who lodged the complaint died, his wife Bukya Santha examined herself as PW1. PW2 - Bukya Muni is the elder brother of the father of the deceased. He was examined for the purpose of identifying the signatures of his brother in EX.P1. PW 3 Banoth Barath is aged about 12 years when he was examined by the Court on 6.11.2003. He deposed that the deceased is his cousin and that on the date of accident, at about 08:30 a.m., he and another boy were going to school on his cycle while the deceased and another - Kunsoth Rajesh were ahead of them on another cycle. According to him, when they reached near the school at Mosra Village, an APSRTC bus came at high speed from Banswada side and dashed against the cycle on which the deceased was travelling and that the accused is the driver of the said bus. PW4 - Banoth Daramsingh is the classmate of the deceased. He was aged about 15 years at the date of his examination.

According to him, the accused had driven the bus in a high speed and dashed against the cycle on which the deceased was travelling and that after the incident, the accused stopped the bus at a distance and came to the place where the injured was lying, observed the injured and proclaimed that the injured would not die and then went on a scooter. PW5 - Bojja Sayagoud and PW6 - Dr. Basa Rajkumar whom the prosecution cited as an eye-witnesses to the accident, turned hostile and did not support the case of the prosecution. PW7 - Kunsoth Rajesh deposed- that he was a pillion rider of the cycle of the deceased. According to him, at about 08:30 a.m., when they reached the school at Mosra Village, an APSRTC bus, being driven by the accused, came at a high speed and dashed against their cycle as a result of which, the deceased and himself sustained injurie