The main legal point established is that rash and negligent driving leading to death and injuries can result in conviction under Section 304-A of the Indian Penal Code.

ORDER

A.V Ravindra Babu, J. - Challenge in this Criminal Revision Case is to the judgment in Criminal Appeal No.1 of 2012, dated 03.02.2012, on the file of the Court of Additional Sessions Judge, Hindupur (for short, 'the learned Additional Sessions Judge') whereunder the learned Additional Sessions Judge dismissed the Criminal Appeal, filed by the appellant/accused, confirming the conviction and sentence imposed against him in Calendar Case No.133 of 2007, dated 04.11.2011, on the file of the Court of Judicial Magistrate of First Class, Penukonda, Ananthapur District (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 case of the prosecution, in brief, as averred in the charge sheet filed by the Sub-Inspector of Police, Gorantla PS in Crime No.101 of 2006, for the offences under Sections 337, 338 and 304-A of IPC, is that accused is resident of Reddicheruvupalli village of Gorantla Mandal, Ananthapur District. He was the driver of Diesel Auto bearing registration No.AP-02-V-6312 (for short, 'the auto'). On 29.11.2006 at about 10:00 a.m. the accused left Reddicherupalli village along with LW.1 - Beedupalli Adinarayana Reddy, LW.5 - V. Sunkappa, LW.6 - V. Gangarathnamma, LW.7 -B.P. Narayanappa, LW.8 - V. Narasimhappa, LW.9 - K. Chenna Krishna Reddy, LW.10 - A. Rami Reddy, LW.11 - R. Venkata Reddy, LW.12 - K. Sreenivasa Reddy, LW.13 - Lalepalli Narayanappa, LW.14 - Karennagari Mangamma, LW.15 - M. Venkataramappa, LW.16 - Boya Krishtappa, LW.17 - Uppara Nagamma, LW.18 - Karennagari Adilakshmamma and LW.19 -Boya Lakshmi Narasamma and B. Narasimha Reddy (deceased) to go to Hindupur. He was driving the aforesaid auto. On the way, when they reached near Thimmappakunta on Reddicheruvupalli-Thimmarayunipalli cross-road at 10:30 a.m., he drove the auto in a rash and negligent manner, at high speed, due to which the auto went out of control and he applied sudden brake and on account of the same, it fell down and turned turtle, as a result of which B. Narasimha Reddy fell under the auto and died on the spot due to multiple injuries. LW.1 and LWs.5 to LW.19 sustained grievous and simple injuries. Subsequently, injured were shifted to Government Hospital, Hindupur. LWs.2 to LW.4 - kith and kin of the deceased came to know about the incident, rushed to the spot and found the dead body of deceased. Basing on the complaint of LW.1, a case in Crime No.101 of 2006 for the aforesaid offences was registered and investigated into. LW.25 - SI of Police, Gorantla PS conducted inquest over the dead body of deceased on 29.11.2006. LW.22 - Civil Assistant Surgeon, who conducted autopsy over the dead body of deceased, opined that the deceased died of shock and haemorrhage due to multiple injuries. LW.23 -Deputy Civil Surgeon, Government Hospital, Hindupur who treated all the injured, issued their wound certificates stating that the injuries are simple or grievous as the case may be. LW.24 -Motor Vehicle Inspector, Hindupur inspected the crime vehicle and found that the accident was not occurred due to any mechanical defect of the vehicle. LW.25 - SI of Police arrested the accused on 06.12.2006 and sent him for remand. Hence, the charge sheet.

4. The learned Judicial Magistrate of First Class, Penukonda, took cognizance of the case for the offences under Sections 337, 338 and 304-A IPC. After appearance of the accused and on compliance of Section 207 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), the learned Judicial Magistrate of First Class examined the accused under Section 251 Cr.P.C with regard to the allegations in the case of prosecution for which he denied the same, pleaded not guilty and claimed to be tried.

5. During the course of trial, on behalf of the prosecution before the learned Magistrate, PWs.1 to PW.22 were