JUDGMENT :

V. SRINIVAS, J.

1. Assailing the judgment dated 22.01.2010 in Crl. Appeal No. 140 of 2007 on the file of the Court of learned IV Additional Sessions Judge, Kakinada, confirming the conviction and sentence passed against the accused by the judgment dated 07.05.2007 in C.C. No. 57 of 2003 on the file of the Court of learned Additional Judicial Magistrate of First Class, Peddapuram, for the offences under section 304-A, 338 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 25.01.2010 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 128 of 2010.

3. The shorn of necessary facts are that:

(i) On 11.01.2003, in the afternoon, the petitioner being driving of the lorry bearing No. AP 37 T 222 drove the same in a rash and negligent manner in intoxicated state and dashed a stationed auto of PW-2 in opposite direction near Harijanapeta at Talluru, resulted death of three persons at the spot and injuries to PWs. 1 to 5.

(ii) Basing on Ex.P.1 statement