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A. V. RAVINDRA BABU
Shaik Chand Basha S/o Khasi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C’) is filed by the petitioner, who was the appellant in Criminal Appeal No. 292 of 2007, on the file of the Court of I Additional District and Sessions Judge, Guntur (for short ‘the learned Additional Sessions Judge’), challenging the judgment therein, dated 17.12.2008, whereunder the learned Additional Sessions Judge, dismissed the Criminal Appeal, confirming the conviction and sentence imposed against the accused in Calendar Case No. 213 of 2006, dated 31.07.2007, on the file of the Court of I Additional Judicial First Class Magistrate, Tenali (for short ‘the trial Court’) for the offence under Section 304-A of the Indian Penal Code, 1860 (for short ‘the IPC’).
2. The parties to this Criminal Revision Case will hereinafter be referred to as arrayed before the trial Court, for the sake of convenience.
3. The State, represented by Station House Officer, III Town Police Station, Tenali filed charge sheet in Crime No. 89 of 2006 for the offence under Section 304-A against the accused alleging in substance that the offence took place on Cherukupalli - Vijayawad
The main legal point established in the judgment is that the prosecution's evidence, including eyewitness testimonies and documentary evidence, must establish the guilt of the accused beyond reasonab....
On account of delay in recording statement of witness by Police, case of prosecution cannot be thrown out.
The main legal principle established in the judgment is the assessment of evidence to determine the accused's culpability for driving in a rash and negligent manner, leading to a fatal accident and i....
The main legal point established is the reliance on consistent witness testimony and documentary evidence to establish the accused's involvement in the offence, leading to the Court's decision to uph....
Negligence in driving leading to fatality can be established without a test identification parade if the identity is corroborated by credible witnesses.
The court upheld the conviction for negligent driving causing death but reduced the sentence to one month, considering mitigating circumstances and the time elapsed since the incident.
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