Rash and negligent driving resulting in death constitutes offences under IPC, affirming convictions and allowing sentence reduction based on mitigating circumstances.

ORDER :

T. MALLIKARJUNA RAO, J.

1. The Criminal Revision Case, under Section 397 and 401 of the Code of Criminal Procedure , 1973 (for short, ‘Cr.P.C.’) is filed on behalf of the petitioner/accused assailing the judgment dated 10.03.2010 passed in Crl.A.No.29 of 2008 on the file of the learned Sessions Judge, Vizianagaram (for short, ‘1^st Appellate Court’) whereby the 1^st Appellate Court dismissed the appeal, by confirming the conviction and sentence imposed against the appellant/accused for the offences punishable under Section 304A , 338 and 337 of Indian Penal Code, 1860 (for short, ‘IPC’) vide judgment dated 13.06.2008 passed in C.C.No.21 of 2007 on the file of the learned Judicial Magistrate of I Class, Gajapathinagaram (for short, ‘the Trial Court’).

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the Trial Court for the sake of convenience.

3. The brief facts of the prosecution's case are that on the night of 13.01.2007 at 10 PM, the deceased (Gandreti Satyam), along with Shaik Alim and Pikka Simhachalam, boarded a goods auto (No.AP 35 11 198) carrying vegetable bags for sale at Vizianagaram Market. The accused, driving the auto rashly and negligently at high speed on NH43 between Billalavalasa and Neliwada villages, lost control, causing the vehicle to overturn. As a result, all three sustained grievous injuries. They were immediately taken to Government Hospital, Vizianagaram, where Gandren Satvam died on 16.01.2007 during treatment. The H.C.No.871, in charge of the hospital outpost, recorded the injured’s statement and forwarded it to Bondapalli Police Station. Subsequently, the Sub-Inspector registered the case in Crime No.4/2007 under Section 337 of IPC. Upon receiving the death report, the offence under Section 304A of IPC was included. An inquest was conducted over the deceased's body, the scene was photographed, witnesses were examined, and their statements recorded. The medical officer performed the postmortem examination. After receiving the Motor Vehicle Inspector's report, wound certificates, and postmortem findings, the Sub-Inspector of Police filed a charge sheet against the accused under Sections 304A , 338 and 337 of IPC, and Sections 184 and 177 of the Motor Vehicles Act.

4. This learned Judicial Magistrate of First Class, Gajapathinagaram, took cognizance against the accused under sections 304A, 337 and 338 of IPC and sections 184 r/w 177 of M.V.Act.

5. On the appearance of the accused, the copies of the prosecution documents were furnished to the accused as contemplated under section 207 Cr.Р.С.

6. The accused was examined under Section 251 Cr.P.C. The sum and substance of the charge sheet averments were read over and explained to the accused in Telugu, to which the accused pleaded not guilty for the offences punishable under Sections 304A , 337 and 338 of IPC and under Section 184 r/w 177 of the M.V. Act and claimed to be tried.

7. During the course of the trial, on behalf of the prosecution, P.Ws. 1 to 14 were examined, and Exs. P1 to P12 were marked. After the closure of the evidence of the prosecution, the accused was examined under Section 313 of Cr.P.C. with reference to the incriminating circumstances appearing in the evidence let in by the prosecution, for which he denied the same and stated that he had no defence witnesses. The accused was examined under Section 313 of Cr.P.C. and pleaded not guilty.

8. The Trial Court on hearing both sides and on considering the oral as well as documentary evidence, found the accused guilty of the offences, as stated supra, vide its ju