IMPORTANT POINT
The court emphasized that the burden of proof lies with the prosecution to establish negligence, which was not met in this case.

ORDER :

1. Assailing the judgment dated 11.10.2010 in Crl. Appeal No. 8 of 2010 on the file of the Court of learned I Additional Sessions Judge at Ongole, confirming the conviction and sentence passed against the accused by the judgment dated 16.12.2009 in C.C. No. 188 of 2006 on the file of the Court of learned Additional Judicial Magistrate of First Class at Chirala, for the offences under section 337, 338, 304-A of Indian Penal Code (hereinafter referred to as “IPC”) and Section 134(A) & (B) r/w. 187 of Motor Vehicles Act (hereinafter referred to as “M.V. Act), 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 13.10.2010 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 2789 of 2010.

3. The shorn of prosecution case is that:

(i) On 16.12.2006 at 04.30 p.m. the accused being driver of the bus bearing No. AP 27 V 8839, while proceeding towards Sampathnagar road by crossing bypass road from Ramapuram, drove the same in a rash and negligent manner without blowing horn dashed the complaint jeep bearing No. AEE 3401, which is proceeding to Chirala side to go to Vadarevu for inspection of mini water scheme, resulted wife and grand-daughter of PW-1 by name Ajra Parveen and Nazarath Parveen respectively (hereinafter referred to as “deceased”) died on the spot, PW-1, daughter and son-in-law of PW-1 by name Asma Parveen and Mahmad Braheem respectively and PW-2 driver of the jeep received injuries.

(ii) Basing on Ex.P.1 report submitted by PW-1, PW-12 - S.I. of Police, Chirala Police Station registered a case in Cr. No. 22 of 2006 for the offences under Section 337, 338, 304-A of IPC and Section 134(A) & (B) r/w. 187 of M.V. Act and investigated into.

4. After completion of investigation, police laid charge sheet and the same was numbered as C.C. No. 188 of 2006 on the file of the Court of learned Additional Judicial Magistrate of First Class at Chirala, after full-fledged trial, found the accused guilty of the offences under Section 337, 338, 304-A of IPC and Section 134(A) & (B) r/w. 187 of M.V. Act, sentenced him to undergo simple imprisonment of two (2) years, sentenced him to undergo simple imprisonment of six (6) months each and to pay fine of Rs.500/- each, in default to suffer simple imprisonment of one (1) week each, for the respective offences. All the sentences shall run concurrently.

5. Aggrieved by the same, the petitioner preferred an appeal, vide Crl. Appeal No. 8 of 2010, before the Court of learned I Additional Sessions Judge at Ongole and the same was dismissed, vide judgment dated 11.10.2010, by confirming the conviction and sentence passed by the trial Court.

6. Against the said judgment of the first Appellate Court, the present criminal revision case was preferred by the petitioner/accused.

7. Heard Sri G. Venkata Sailendra, learned counsel representing Sri G. Venkateswara Rao, learned counsel for the petitioner/accused and Sri S. Dheera Kanishk, learned Special Assistant Public Prosecutor for the respondent-State.

8. Now the point that arises for determination in this revision is “whether there is any manifest error of law or flagrant miscarriage of justice in the findings recorded by the Trial Court as well first Appellate Court?”

9. Sri G. Venkata Sailendra, learned counsel representing Sri G. Venkateswara Rao, learned counsel for the petitioner/accused submits that the scene of offence clearly discloses that the driver of the jeep has been driven the vehicle in a rash and negligent manner, as such, there is no negligence on the part of the accused; that the Courts below failed to record any specific finding regarding negligence; that as per the Rule 9 of the Road Regulations 1989, the driver of the jeep on entering road intersection at which traffic is not being regulated, if the road entered is a main road designated as such, give way to the bus