THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1540 of 2008 07-08-2014 BETWEEN:
The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh.
…..Appellant AND Dharanikota Satya Kumar …..Respondent/Accused THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1540 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the State challenging the Judgment, dated 02.07.2007, in CC No.423 of 2003 passed by the III Additional Judicial Magistrate of First Class, Kakinada, whereby the learned Judge acquitted the accused for the offences under Section 304-A IPC and Sections 181 and 196 of Motor Vehicles Act.
The case of the prosecution is as follows:-
That on 04-11-2003 at about 5.15 pm while the deceased was crossing the road, the accused, who was driving the motor cycle bearing registration No.AP 5L 2887, in a rash and negligent manner, dashed against the deceased, due to which she fell on the road, sustained bleeding injuries on her head and became unconscious. P.W.1, who is the son of the deceased, present nearby the scene of offence, witnessed the occurrence, rushed to the spot and immediately shifted her to the Government General Hospital, Kakinada for treatment. P.Ws.2, 3, 4 and 5 witnessed the occurrence. P.W.11, Assistant Sub-Inspector, on information from the hospital registered the case against the accused for the offence under Section 337IPC and took up investigation. Later, while undergoing treatment the injured succumbed to injuries, and then P.W.11 altered the Section of law from 337 IPC to 304-A IPC. After completion of the investigation, charge sheet was filed.
To substantiate the case of the prosecution, P.Ws.1 to 11 were examined and Exs.P.1 to P.11 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the accused.
On appreciation of oral and documentary evidence, the Court below acquitted the accused for the offences under Section 304-A IPC and Sections 181 and 196 of the Motor Vehicles Act. Aggrieved by the same, the present appeal is preferred by the State.
Heard and perused the material available on record.
The learned Judge after appreciating the evidence and hearing the arguments, acquitted the accused observing that all the eye witnesses i.e.
P.W.s 1 to 4 deposed that the accused was driving the motor vehicle at high speed and that they did not depose that the accused was driving the motorcycle in a rash and negligent manner. The accident took place at a two road junction surrounded by several shops on either side of the road and hence, the prosecution has failed to establish that the accused was driving the vehicle in a rash and negligent manner, and as such, the prosecution failed to prove the guilt of the accused beyond reasonable doubt.
Considering the findings recorded by the trial Court and the evidence adduced on record, this Court is of the view that the trial Court has rightly acquitted the accused for the offence under Section 304-A IPC and Sections 181 and 196 of the Motor Vehicles Act. The Judgment of the trial Court is in accordance with law and it does not suffer from any perverse findings and the acquittal recorded by the trial Court needs no interference by this Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 07.08.2014 pln