SHAIK MULLA MABUSAHEB Vs. GOLLA ANJANEYULU
LAWS(APH)-2019-8-73
HIGH COURT OF ANDHRA PRADESH
Decided on August 07,2019

Shaik Mulla Mabusaheb Appellant
VERSUS
Golla Anjaneyulu Respondents

JUDGEMENT

T. Rajani, J. - (1.)This criminal revision case is filed by the de facto complainant, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (Cr.P.C.), against the judgment dated 07.12.2006 passed in C.C.No.75 of 2005 on the file of the Court of Judicial Magistrate of Magistrate, Pattikonda, acquitting the sole accused for the offences punishable under Sections 337 and 304-A IPC.
(2.)The facts of the case, briefly, are that the accused was resident of Kothiralla Village. He was the driver-cum-owner of Trally Auto bearing No.AP 21V 8337. On 09.1.2005, at 13.00 hours, L.Ws.1 to 7 and Shaik Mulla Imam Sab (deceased No.2) boarded the auto at Kothiralla village to go to Pattikonda via Dudekonda village. At Dudekonda bus stop, the deceased No.1 boarded the auto at Dedekonda village to go to Pattikonda to see his father lodged in the Sub-Jail, Pattikonda. When the auto reached near Sukala Nagamma temple, the accused drove the auto at high speed, in a rash and negligent manner, due to which the auto turned turtle, all the passengers fell down and sustained injuries. Deceased No.2 sustained severe injuries and deceased No.1 died on the spot. Based on the statement given P.W.2, a case was registered against the accused for the offences under Sections 337 and 304-A IPC and Section 181 of the Motor Vehicles Act.
(3.)The lower Court, after complying with all the legal formalities, examined P.Ws.1 to 17 and marked Exs.P.1 to P.20. Based on the evidence, the Court passed the impugned judgment, against which, this revision is filed by the de facto complainant.
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