THE HON’BLE SRI JUSTICE B.N.RAO NALLA Criminal Revision Case No.518 of 2004 ORDER: 1. This Criminal Revision Case is filed against the judgment dated 13.12.2001 in C.C.No.671 of 2000 on the file of the Judicial Magistrate of First Class, Puttur, whereby and whereunder the learned Magistrate found the accused not guilty for the offences under Sections 304-A IPC and 337 IPC and under Section 134 (a) and (b) of the Motor Vehicles Act. 2. The case of the prosecution, in brief, is as follows: The accused is driver of the crime lorry bearing registration No.AP 03 U 2509. On 11.4.2000 at about 9.45 am on Pachikappam to Penumur road near Damarakuppam village cross road, the driver of the crime lorry driven the lorry in a rash and negligent manner and dashed the jeep bearing registration No. A.P. 04 9685 which was coming from opposite direction i.e. from Pachikappam, resultantly, the driver of the Jeep-B Rajasekar Reddy sustained grievous injuries and PWs 1 and 2, who are sitting in the jeep, sustained simple injures. The driver of the Jeep who is seriously injured, was shifted to S.V.R.R. hospital, Tirupati for treatment, but he succumbed to the injuries. On the report-Ex.P.1 given by PW.1, a crime was registered as Crime No.12 of 2000 by PW.10, who is investigating officer, under Sections 304-A IPC, 337 IPC and under Section 134 (a) & (b) of the Motor Vehicles Act. On 14.4.2000 at 2.00 p.m. the driver of the lorry-accused was arrested. One Dr. K.Bhaskar Reddy conducted post mortem over the dead body of the deceased and issued postmortem certificate-Ex P.8. One Dr.K.Subhashini, who treated PWs 1 and 2, issued wound certificates-Exs.P.6 and P.7. After investigation, police laid charge sheet. The Judicial Magistrate of First Class, Puttur has taken the case on file as C.C.No.671 of 2000. 3. During the course of trial, on behalf of the prosecution PWs 1 to 12 were examined and Exs.P.1 to P.16 were marked. 4. The trial court after taking into consideration the evidence and other material brought on record found the accused not guilty for the offence under Sections 304-A and 337 IPC and under Section 134 (a) & (b) of the Motor Vehicles Act and accordingly acquitted him. Challenging the same, the present revision is filed by PW.3, who is brother of the deceased. 5. It is the case of the revision petitioner that the court below failed to appreciate the evidence of PWs1, 3 and 4 and as such the impugned order does not stand legal scrutiny. 6. It is seen that there is no dispute with regard to occurrence of accident, causing injuries to PWs 1 and 2, conducting inquest proceedings in the presence of PW.8 and one Gangaram at S.V.R.R. Hospital, Tirupati and inspection of crime lorry by PW.9. But the defence of the accused is that he is not the driver of the crime lorry at the time of the accident and that lorry bearing registration No.AP 03 U 2509 is not involved in the accident. PWs 1 and 2 are the eye witnesses to the accident. But their evidence shows that they did not see the driver of the crime lorry. Ex.P.1-F.I.R. is registered against an unknown lorry. In this background, the evidence of PW.4 is not helpful to the prosecution case and further he is not an eye witness to the accident. It appears that the entire case is based on the evidence of PW.4, but there is no evidence on the part of PW.4 with regard to identification of either crime lorry or its driver. It is to be noted that Jeep was not referred to for inspection by PW.10. Further the driving licence of the deceased was not produced before the trial court. Therefore, having regard to the above facts, without further going into the details, it can be safely said that the prosecution failed to bring home the guilt of the accused beyond all reasonable doubt. Therefore, the trial court rightly acquitted the accused. As such, this court is of the considered view that the order impugned does not suffer from any irregularity or illegality so as to call for interference from this court. 7. Hence, the Criminal Revision Case fails and the same is hereby dismissed. ______________ B.N.RAO NALLA,J -03-2010 Stp