APHC010592632017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL REVISION CASE NO: 1193/2017 Between:

1. B.POLAIAH, S/O B.LAKSHMAIAH, AGED ABOUT 47 YEARS, R/O MALLAMGUNTA VILLAGE, RAPUR MANDAL, NELLORE DISTRICT.

...PETITIONER AND

1. THE STATE OF A P, REP. BY SUB-INSPECTOR OF POLICE, TRAFFIC POLICE STATION, TIRUPATI, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD.

...RESPONDENT Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to submit this Memorandum of Criminal Revision Case being aggrieved, by the Judgment dated 19.04.2917 passed in Criminal Appeal No.51 of 2016 on the file of the VI Additional District and Sessions Judge (Fast Tract Court), Tirupati, Chittoor District conforming the conviction made in C.C.No.253 of 2014 on the file of IV Additional Judicial Magistrate of

1st Class, Tirupati, Chittoor District IA NO: 1 OF 2017(CRLRCMP 1927 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the production of certified copy of the judgment made in C.C.No.253 of 2014 on the file of IV Additional Judicial First Class Magistrate, Tirupati, dated 27.01.2016 and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

IA NO: 2 OF 2017(CRLRCMP 1928 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgment dated19.04.2017 passed in Criminal Appeal No.51 of 2016 on the file of the VI Additional District and Sessions Judge (Fast Tract Court), Tirupati, Chittoor District conforming the in confirming the judgment dated 27.01.2016 passed in C.C.No.253 of 2014 on the file of IV Additional Judicial Magistrate of 1st Cla', Tirupati, Chittoor District and to release the petitioner/Accused on bail pending disposal of the present Criminal Revision Case, and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

Counsel for the Petitioner:

1. O UDAYA KUMAR Counsel for the Respondent: 1. PUBLIC PROSECUTOR (AP) The Court made the following:

THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL REVISION CASE No.1193 OF 2017

O R D E R:

Heard Sri Sarma C.V.S.S., learned counsel representing Sri O.Udaya Kumar, learned counsel for the revision petitioner/accused and Sri C.Panini Somayaji, learned Additional Public Prosecutor representing the State.

2. The revision is filed challenging the judgment dated 19.04.2017 in Crl.A.No.51 of 2016 (C.C.No.253 of 2014) on the file of VI Additional District and Sessions Judge, Chittoor at Tirupati. The appellate court below dismissed the appeal confirming the order of conviction passed by the trial Court for the offence under Section 304(A) of IPC and Section 134(a)(b) read with 187 of Motor Vehicles Act.

3. Learned counsel for the revision petitioner would submit that the trial Court recorded conviction for the above offence on no evidence. Unfortunately, the appellate court below did not consider the same and confirmed the order of conviction imposed by the trial Court. He would further submit that the evidence of PWs-1 to 4 does not disclose the manner in which the accident was occurred to arrive at a conclusion that the accused drove the bus in a rash or negligent manner causing the accident, resulting the death of the deceased.

4. Learned counsel for the revision petitioner would further submit that the evidence of PW-1 would disclose that she was going ahead of the deceased at the time of accident. She turned back on hearing the cries of the dece