IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice V Srinivas, J
Nakkaraju Appala Raju, Visakhapatnam – Appellant
Versus
P P Hyd – Respondent
JUDGMENT:
V. SRINIVAS, J.
Assailing the judgment dated 10.03.2016 in Crl.A.No.226 of 2012 on the file of the Court of learned II Additional Metropolitan Sessions Judge at Visakhapatnam, confirming the conviction and sentence passed against the accused by the judgment dated 25.10.2012 in C.C.No.492 of 2011 on the file of the Court of learned Special Magistrate II at Visakhapatnam, 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 14.03.2016 and the sentence imposed against the petitioner was suspended, vide order in Crl.R.C.M.P.No.1128 of 2016.
3. The shorn of necessary facts are that:
i). On 10.07.2011 at about 09.30 a.m., while P.W.1 along with seven others proceeding in an auto bearing No.AP 31 TA 8340 (hereinafter referred to as “crime auto”), when they crossed the Leprosy Colony, NH.5 Road, Tatichetlapalem, the accused being driving of the said auto, drove the same in a rash and negligent manner at high speed, dashed a stationed Lorry bearing No.AP 16 U 5335, resul
The court upheld the conviction for causing death and injuries due to negligent driving, affirming the lower courts' findings while reducing the sentence from six to three months based on mitigating ....
The court upheld the conviction for negligent driving resulting in death, affirming the sufficiency of evidence while reducing the sentence to one year based on mitigating circumstances.
The court affirmed that credible eyewitness testimony can establish guilt in negligence cases, and concurrent findings by lower courts are generally upheld unless proven otherwise.
The court confirmed the conviction for causing death by negligence under Section 304-A IPC, emphasizing the driver's duty of care and reducing the sentence from six to three months based on mitigatin....
The court upheld the conviction for negligent driving causing death but reduced the sentence to one month, considering mitigating circumstances and the time elapsed since the incident.
The court upheld the conviction for causing death by negligence under Section 304-A IPC, affirming that the prosecution proved guilt beyond reasonable doubt despite the absence of an identification p....
Rash and negligent driving resulting in death constitutes offences under IPC, affirming convictions and allowing sentence reduction based on mitigating circumstances.
The court upheld the conviction for negligent driving resulting in death but reduced the sentence from six months to three months based on mitigating circumstances.
The High Court's role in revision limits reassessment of evidence and focuses on legality, confirming that undue sympathy in sentencing can undermine the judicial system's integrity.
The main legal point established is the reliance on consistent and convincing witness testimony to uphold the conviction for the mentioned offences.
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