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V. R. K. KRUPA SAGAR
M. Basheer – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. A convict/accused presented this criminal revision case under Sections 397 and 401 Cr.P.C. questioning the correctness of judgments of two Courts below.
2. An automobile accident occurred on 03.07.2002 resulted in death of one person and injuries to eight persons. The vehicle involved was an auto rickshaw bearing No. AP-02-U-3142. The incident occurred during broad day light at 9:30 A.M. at a place that was about 5 K.Ms. away from Rayadurg. At the relevant point this revision petitioner was stated to be driving the said auto rickshaw with 15 passengers in it. One of the injured/PW-3, who was shifted to Government Hospital, Rayadurg, gave his statement to police as per Ex.P.11 and Rayadurg Police acting upon it registered Crime No. 46 of 2002 and investigated into the case and found the auto driver/revision petitioner was responsible for the crime incident and laid charge sheet before the learned Judicial Magistrate of First Class, Rayadurg, who thereupon took cognizance for the offences under Sections 337, 338 and 304 I.P.C. and Section 187 of the Motor Vehicles Act. W
A conviction under criminal law requires proof beyond a reasonable doubt, which was lacking in this case, leading to the acquittal of the accused.
The main legal point established in the judgment is the reliance on consistent and corroborative evidence of eye witnesses to prove the charges of rash and negligent driving, and the application of s....
Rash and negligent driving under IPC leading to deaths requires strict sentencing as a deterrent.
Evidence given by a witness in a previous judicial proceeding or in a later stage of the same judicial proceeding, when the witness is dead, is relevant for the purpose of proving the matter, provide....
The court upheld the conviction for negligent driving resulting in death, affirming the sufficiency of evidence while reducing the sentence to one year based on mitigating circumstances.
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
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