ORDER :

This Criminal Revision Case is filed by the petitioner, who was the appellant in Criminal Appeal No.140 of 2005, on the file of I Additional District and Sessions Judge, Vizianagaram, challenging the judgment, dated 24.06.2009, whereunder the learned I Additional District and Sessions Judge, Vizianagaram, dismissed the Criminal Appeal filed by the appellant by confirming the judgment of the trial Court in C.C.No.332 of 2004 wherein the accused was found guilty for the offences under Sections 304-A, 338 and 337 of Indian Penal Code (“I.P.C.” for short) and was convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/- in default to suffer for simple imprisonment for two months for the offence under Section 304-A of I.P.C. and sentenced to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for two months for the offence under Section 338 of I.P.C. and further sentenced to pay a fine of Rs.500/- in default to suffer simple imprisonment for one month for the offence under Section 337 of I.P.C.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The State, represented by the Sub-Inspector of Police, Denkada Police Station, filed a charge sheet pertaining to Crime No.50 of 2003 of the said police station alleging the offences under Sections 304-A, 338 and 337 of I.P.C.

4. Briefly to state the case of the prosecution is as follows:

Accused is the driver of Auto bearing No. AP 35 T 5128. He drove the auto from Nathavalasa to Vizianagaram on 16.06.2003. On 16.06.2003 one Sheik Srinivasa Rao (hereinafter will be referred to as “deceased”) was proceeding towards Nathavalasa from Vizianagaram on his motorcycle bearing A.P.35 C 3374 by keeping on left side. L.W.3-Meesala Ramu was also sitting as pillion rider. Accused drove the auto rashly and negligently and hit the motorcycle of the deceased in opposite direction at 4-30 P.M. As a result, the deceased received severe injuries and died on the spot. L.W.3, the pillion rider of the motorcycle received grievous injuries. L.Ws.1 and 2-Penumajji Dalinaidu and Vasi Chinnayya respectively, the passengers in the auto also received injuries. Injured were shifted to Government Hospital, Vizianagaram. Accused also received injuries. Having witnessed the occurrence, L.W.4-Lenka Rajeswari intimated the incident to L.W.6-Shaik Sarvor and others. On receipt of information, L.W.17, concerned police rushed to the hospital and recorded the statement of L.W.1 and registered a case in Crime No.50 of 2003 under Sections 304-A, 338 and 337 of I.P.C. and took up investigation. He conducted inquest over the dead body of the deceased in the presence of mediators and direct witnesses. He also observed the scene of occurrence in the presence of mediators. He got conducted postmortem to the dead body of the deceased. He arrested the accused on 21.06.2003 and sent him for remand. The Motor Vehicles Inspector inspected the crime vehicle and opined that the accident was not due to any mechanical defects of the crime auto. L.W.11-G. Venkataramana, the owner of the auto confirmed that the accused was the driver of the auto on the date of offence. The cause of death of deceased was due to haemorrhage and shock and due to sudden ante mortem injuries to the brain. The Medical Officer, who treated the injured, issued wound certificates stating that the first injured and second injured received simple injuries and third injured received grievous injuries. The Radiologist took X-ray on the third injured. Hence, the charge sheet.

5. The learned Additional Judicial Magistrate of First Class, Vizianagaram in C.C.No.362 of 2003, took cognizance against the accused for the offences under Sections 304-A, 338 and 337 of I.P.C. and after furnishing copies of documents, examined the accused under Section 251 of the Code of Criminal Procedure (“Cr.P.C.” for short) as rega