Convictions upheld on grounds of negligence in fatal accident; sentencing modified for proportionality based on 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 17.02.2010 passed in Crl.A.No.72 of 2009 on the file of the learned Additional Sessions Judge, Hindupur (for short, ‘1^st Appellate Court’), whereby the 1^st Appellate Court partly allowed the appeal, by confirming the conviction and modified the sentence imposed against the appellant/accused for the offences punishable under Section 304A and 338 of INDIAN PENAL CODE , 1860 (for short, ‘IPC’) vide judgment dated 20.05.2009 passed in C.C.No.68 of 2006 on the file of the learned Judicial Magistrate of First Class, Madakasira (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 15.09.2006, at about 8:30 AM, on the Agali–Rolla metal road near Dokkalapalli village in Agali Mandal, the accused, while driving a jeep bearing No. AP-02 U-4541 (hereinafter referred to as 'the offending vehicle'), drove it rashly and negligently at high speed. Upon encountering a bullock cart belonging to T. Thimmappa coming from the opposite direction, he lost control of the vehicle, which overturned onto its left side. As a result, S. Darshini, a 6- year-old 2^nd class student, daughter of Javarayappagari Satheesh, died on the spot, while another passenger, Manjunath (L.W.5), sustained both simple and grievous injuries. Several school children from Sree Lakshmi Convent, Rolla, were also travelling in the jeep. The injured person was later shifted to the hospital for treatment. Based on a complaint by T. Mahalingappa (L.W.1), Crime No.21/2006 was registered under Sections 337 and 304-A IPC. Upon completion of the investigation, the Sub-Inspector of Police at Agali filed the charge sheet.

4. The Trial Court took cognizance against the accused under sections 304A, 337 and 338 of IPC. 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. 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 the IPC and claimed to be tried.

5. During the course of the trial, on behalf of the prosecution, P.Ws.1 to 12 were examined, and Exs.P1 to P8 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 and pleaded not guilty.

6. The Trial Court, after hearing both sides and considering the oral as well as documentary evidence, found the accused guilty of the offences, as stated supra, vide its judgment, dated 20.05.2009 in C.C.No.68 of 2006 and convicted the petitioner/accused and sentenced him as follows: (i) to undergo suffer Simple Imprisonment for two (02) years and to pay a fine of Rs.2,500/- and in default of payment of fine, to undergo simple imprisonment for three months, for the offence punishable under section 304A of IPC; and (ii) to undergo simple imprisonment for six months and to pay a fine of Rs.500/- and in default of payment of fine amount, to undergo simple imprisonment for two months, for the offence punishable u