T.NAGA SANKARA SUBRAHMANYAM Vs. STATE OF A.P.
HIGH COURT OF ANDHRA PRADESH
T.Naga Sankara Subrahmanyam
STATE OF A.P.
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TARLADA RAJASEKHAR RAO,J. -
(1.) The Sub-Inspector of Police filed the charge sheet against the petitioner/accused for the offence under Sec. 304-A of Indian Penal Code (for short, "I.P.C ").
(2.) The case of the prosecution is that the offence took place on 2/6/2008 at about 11.15 A.M. The deceased who was aged about five (5) years was standing by the side of the road towards left side in front of house of LW.8. The accused was the driver of the crime vehicle bearing No.AP 5T 6025, who drove the vehicle in a rash and negligent manner and caused an accident to the deceased. For that, PW.1 who is the Village Revenue Officer, Chakraigudem Village, lodged a complaint i.e., Ex.1 to the police. PW.3 to PW.5 were the direct witnesses to the accident and PW.2 is the father of the deceased.
(3.) The learned Special Judicial Magistrate of First Class (Excise), Eluru, on considering the charge sheet filed by the prosecution framed the following charges:
i. Whether the prosecution established identity of the accused ?
ii. Whether the prosecution established rash/negligent driving of the accused?
iii. Whether the prosecution established the guilt of the accused for the offence under sec. 304-A of Indian Penal Code beyond all reasonable doubt or not? ;
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