JUDGMENT :

V. SRINIVAS, J.

1. Assailing the judgment dated 01.12.2011 in Crl. Appeal No. 45 of 2010 on the file of the Court of learned Sessions Judge, Vizianagaram, confirming the conviction and sentence passed against the accused by the judgment dated 26.03.2010 in C.C. No. 46of 2009 on the file of the Court of learned Judicial Magistrate of First Class (Special Mobile), Vizianagaram, for the offences under section 304-A 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 07.12.2011 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl. R.C.M.P. No. 3664 of 2011.

3. The shorn of necessary facts are that:

(i) On 11.03.2008, one Thalada Malatchi (hereinafter referred to as “deceased”) went to Mopada Shandy and at about 04.00 p.m. while returning, he was proceeding towards Poosapatipalem, the accused drove the auto bearing No. AP 35 U 4904 in a rash and negligent manner without blowing horn and dashed the deceased from his backside. As a result, deceased fell on the road, sustai