ORDER :

Assailing the judgment dated 11.04.2011 in Crl.A.No.166 of 2009 on the file of the Court of learned VIII Additional Sessions Judge at Visakhapatnam, confirming the conviction passed against the accused by the judgment dated 14.09.2009 in C.C.No.86 of 2008 on the file of the Court of learned Chief Metropolitan Magistrate at Visakhapatnam, for the offences under section 304-A and 337 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.

2. The revision case was admitted on 18.04.2011 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.1376 of 2011.

3. The shorn of necessary facts are that:

(i). On 18.11.2007, one Anapu Madhu (hereinafter referred to as ‘deceased’) along with P.W.1, P.Ws.3 to 5 and others, who were in Ayyappa Deeksha, proceeding from Adarshnagar towards N.H.5 road by foot on the left side of the road, with a view to go to Nookalamma temple for darshan, when they reached near Visakha Valley School Junction, the driver of the lorry bearing No.AP 31 TT 9589 (hereinafter referred to