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IN THE HIGH COURT OF ANDHRA PRADESH
Sri Justice V Srinivas, J
Vemagiri Raju @ Yesu E.F.Dt. – Appellant
Versus
State of A.P., Rep. PP. – Respondent
JUDGMENT :
Assailing the judgment dated 02.06.2016 in Crl.A.No.358 of 2014 on the file of the Court of learned III Additional Sessions Judge, East Godavari at Kakinada, confirming the conviction and sentence passed against the accused by the judgment dated 25.09.2014 in C.C.No.87 of 2011 on the file of the Court of learned Special Mobile Judicial Magistrate of First Class at Kakinada, for the offence 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 07.06.2016 and the sentence imposed against the petitioner was suspended, vide order in Crl.R.C.M.P.No.2019 of 2016.
3. The shorn of necessary facts are that:
i). On 21.03.2011 at about 09.00 p.m., while one Karri Ramarao (hereinafter called as ‘deceased’) proceeding on his bicycle, when he reached in-front of Power Control Office, outskirts of 3rd A.P.S.P. at Kakinada, the accused being driver of the Auto bearing No.AP 05 TA 3407 (hereinafter referred to as “crime auto”), drove the same in a rash and negligent manner at high speed, dashed against the
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....
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 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 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 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 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 main legal point established is that rash and negligent driving leading to death and injuries can result in conviction under Section 304-A of the Indian Penal Code.
The main legal point established in the judgment is the requirement for the prosecution to prove the identity of the driver and the act of rash and negligent driving, emphasizing the distinction betw....
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.
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