THE HON’BLE SRI JUSTICE B.N. RAO NALLA Crl.R.C.No.288 of 2005 ORDER: This Criminal Revision Case is filed against the judgment, dated 11.02.2005 passed in Criminal Appeal No.452 of 2004 on the file of I Additional Sessions Judge, Guntur, whereby the learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the Additional Junior Civil Judge, Mangalagiri in C.C.No.406 of 2002. 2. The brief facts that are necessary for disposal of the present revision are as follows: On 29.05.2002 at 6 a.m. the accused, who is the driver of auto bearing No.AP-16X-8892, was proceeding from Vijayawada towards Mangalagri in a rash and negligent manner with high speed without blowing the horn. When the auto reached near Muggu Road, Tadepalli on N.H.5, he dashed against the deceased who was going on the left side of the road for answering calls of nature and due to which, the deceased fell down on the road with instantaneous death. Later, PW.1 Hussain went to the concerned police station and gave a complaint. On the basis of said complaint, a case was registered u/s.304-A IPC. The police, after completion of investigation, filed the charge sheet before the trial Court. 3. The case was taken on file for the offence under Section 304-A I.P.C. and during the course of trial, the prosecution examined PWs.1 to 5 and marked Exs.P.1 to P.10. On behalf of accused, no one was examined and no documents were marked. 4. After considering the entire material both oral and documentary, the learned Magistrate found the accused guilty of offence punishable under Section 304-A IPC and therefore, he was convicted and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs.500/- in default, to suffer S.I. for one month. 5. Being aggrieved by the said conviction and sentence, the accused filed Crl. Appeal No.452 of 2004 before I Additional Sessions Judge, Guntur. The learned Sessions Judge, after perusal of the entire material, dismissed the said appeal confirming the conviction and sentence imposed by the trial Court, through judgment dated 11.02.2005. Being aggrieved by the same, the present Criminal Revision Case is filed. 6. Heard both sides. 7. The evidence of PW.1 is to the effect that on the fateful day i.e. 29.5.2002 at about 6.30 a.m. he along with PW.2 and the deceased were proceeding on the left side of Muggu Road leading to Mangalagiri; that at that time the crime auto came from Vijayawada side at high speed driven in rash and negligent manner by the petitioner-accused, dashed against the deceased causing his instantaneous death and that he preferred Ex.P.1 Police complaint. Though PW.1 was subjected to severe cross-examination by the defence counsel, he could not succeed in breaking him. Coming to the evidence of PW.2, though, he testified that he was unable to identify the crime auto driver, however, he spoke to the manner of the accident leading to death of the deceased. Therefore, his evidence corroborates the evidence of PW.1 and in turn the evidence of both the witnesses corroborates the contents of Ex.P.1 complaint. As per the evidence of PW.1, the front portion of the auto hit the deceased and the evidence of PW.5 Motor Vehicle Inspector is to the effect that the front portion of the crime auto was damaged. Therefore, the evidence of PW.5 also corroborates the prosecution version. Further, PW.4, Investigating Officer, testified that petitioner-accused surrendered before him and further in view of the evidence of PW.1 that he saw the driver of the crime auto at the time of the accident, the contention of the learned counsel for the revision petitioner-accused that non conducting of test identification parade is fatal to the case of the prosecution, is, therefore, unacceptable to this court. 8. In the circumstances, it cannot be said that both the courts below failed to appreciate the evidence and other material brought on record in proper perspective and came to the wrong conclusion in finding the revision petitioner-accused guilty for the offence under Section 304-A IPC. 9. In the result, Criminal Revision Case fails and the same is dismissed. _______________ B.N.RAO NALLA,J 11-12-2009 Stp/isn