IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Revision Case No.1748 of 2004 Between: Marampudi Radha Krishna .. Petitioner AND State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad .. Respondent JUDGMENT: The criminal revision case is directed against the confirmation of the conviction and sentence imposed by the judgment in C.C. No.181 of 2002 on the file of the II Additional Judicial Magistrate of First Class, Eluru, dated 09-06-2003 by the judgment in Criminal Appeal No.135 of 2003 on the file of the Court of Session, Eluru, dated 30-09-2004. 2. The factual background for the revision is that the revision petitioner was driver of hired APSRTC bus No.AP 16W 8458 and on 01-11-2001 at about 10 A.M. the bus, driven rashly and negligently, dashed against the bajaj chetak scooter, on which P. Prasada Rao, Vejju Sitharambabu and P.N.V. Lakshminarayana were travelling, near Talla Gokavaram cross road on Jangareddy Gudem – Eluru road. P. Prasada Rao died on the spot with severe injuries and Vejju Sitharambabu died on the way to hospital. P.N.V. Lakshminaryana was treated for the injuries at Government hospital, Eluru and on the report of M. Nageswara Rao, Village Administrative Officer, crime No.123 of 2001 of Pedavegi police station was registered. The scene of offence was photographed and an observation report was drafted. The dead bodies were subjected to inquest and post-mortem and the Motor Vehicles Inspector also inspected the bus. The accused was arrested and sent for judicial remand and was prosecuted for the offences punishable under Sections 304-A and 338 of the Indian Penal Code. 3. After taking cognizance of the offences, copies of documents were furnished to the accused on his appearance and he denied the accusation when he was examined under Section 251 of the Code of Criminal Procedure. P.Ws.1 to 16 were examined and Exs.P.1 to P.19 were marked during the trial and the accused denied the incriminating circumstances appearing in the evidence against him when he was examined under Section 313 of the Code of Criminal Procedure. No defence evidence was produced. 4. The trial Court in its judgment found from the photographs Exs.P.1 to P.4 and other documents that bus No.AP 16W 8458 was involved in the accident and P.W.2 was noted to have identified the accused as the driver of the bus, apart from the injured P.W.6. The trial Court opined that mere non-furnishing of the descriptive particulars of the driver by P.W.6 earlier need not make the identification of the accused doubtful and it also noted the evidence of the investigating officer as P.W.16 that the accused himself surrendered before the police. While concluding that the accused was the driver of the bus, the trial Court accepted the evidence of P.W.6, the injured, corroborated by P.Ws.1 to 4 showing the scooter to be badly damaged and crushed under the front right wheel of the bus. The trial Court also deduced from the photographs that skid marks of the bus showed the speed of the vehicle at the time of the accident and when the width of the road was only 18 feet as per Ex.P.11 observation report with 5 feet road margin on either side, the vehicle driver should drive with due care and caution at a moderate speed. The claim of P.W.7 that the motor cycle itself hit the bus while trying to avoid a buffalo, was not accepted, as his claims were contrary to the evidence of P.W.6 and the contents of the photographs and other documents. P.W.4 was also noted to be not referring to any buffalo and P.W.4 was not cross-examined to doubt his presence or his version. P.W.6, the injured, was straight away relied on under the circumstances, to hold that the accused drove the bus at high speed rashly and negligently. The evidence of Motor Vehicles Inspector-P.W.13 was accepted as showing that the accident was not due to any mechanical defects of the vehicle and concluding that the death of the two deceased and the injuries to P.W.6 were the direct result of the accident due to the rash and negligent driving of the accused, the accused was convicted. The accused was questioned regarding the question of sentence and he stated that he was married and had a six months old daughter. He claimed to be the sole source of livelihood for his wife and parents. Taking all the circumstances into account, the trial Court did not consider it appropriate to apply the Probation of Offenders Act and imposed a sentence of simple imprisonment for six months each to run concurrently and a fine of Rs.1,000/- each for the offences under Sections 304-A and 338 of the Indian Penal Code and the fine amount was directed to be paid to P.W.6 towards compensation. The remand period was directed to be set off, while default sentences were prescribed for non-payment of fine. 5. In Criminal Appeal No.135 of 2003, the Court of Session delivered the impugned judgment referring to the factual background and the evidence and observed that even in the absence of an identification parade, P.Ws.2 and 6 identified the accused as the driver of the bus, who had no motives or need to speak falsely against the accused. The surrender of the accused before the police was considered as a further probablising factor and the appellate Court also found that skid marks up to a distance of about 30 yards and the evidence of P.Ws.2 and 6 about the deceased and the scooter being dragged to some distance was relied on to consider the driving to be rash and negligent. Ex.P.2 photograph was observed to be showing the failure to control the bus immediately and in the absence of ordinary and reasonable care and caution to guard against any injury to the public in general or the individual in particular, rashness and negligence in driving were accepted and the introduction of a she-buffalo into the story by P.W.7 was disbelieved by the appellate Court also. Concurring with the finding of guilt of the accused beyond reasonable doubt, the criminal appeal was dismissed by the Court of Session. 6. In the revision, the revision petitioner again contended that there was no material on record to show that he drove the vehicle at that time and there was no test identification parade for the witnesses to identify the accused. The Motor Vehicles Inspector’s report specifies a wrong vehicle number and the R.C. and trip sheet of the bus were not verified by the Courts below. The Motor Vehicles Inspector has to calculate the speed of the vehicle by examining the skid marks, if any, which was not done and the alleged surrender by the accused could not have been over-emphasized. Hence, the accused desired the conviction and sentences to be reversed. 7. Heard Sri Nimmagadda Satyanarayana, learned counsel for the revision petitioner and Sri Rudresh Deshpande, learned counsel representing the learned public prosecutor. 8. The point for consideration is whether the conviction or the sentence are susceptible to any interference ? 9. The photographs Exs.P.1 to P.4, for which Exs.P.5 to P.8 are the negatives, themselves disclose the bus No.AP 16W 8458 to be involved in the accident, apart from the same number being specified in the scene of offence observation report and the first information report. Even if there was any typographical error in mentioning the bus number in Ex.P.16 Motor Vehicles Inspector’s report, the same could not have cast any shadow on the acceptability of Exs.P.1 to P.4. P.W.6 being injured in the accident cannot be disputed in the light of the various evidences about the treatment for the injuries and the sequence of events. P.W.2 was claimed to be waiting for the bus to go to Eluru at Talla Gokavaram junction and though he was a witness by chance, there was absolutely no reason or motive for him to resort to falsehood against the accused. Both P.Ws.2 and 6 identified the accused as the driver of the bus and though none of the witnesses had any previous acquaintance with the accused and though no test identification parade for identifying the accused was conducted before trial, the uncontroverted claims of P.Ws.2 and 6 need not be discredited in the absence of any denial by the accused of his being a driver of APSRTC or any specific claim that he was not on duty on bus No.AP 16W 8458 on that day at that time at that place. If the accused were not the driver of the bus, the same could have been very easily established by the accused through the relevant records by showing where he was on duty at the relevant time. The surrender of the accused leading to his arrest was not denied as a fact at any time including in the grounds of revision and the accused would not have done so, if he were unconnected with the accident in question. The accused being the driver of the offending bus, therefore, cannot be in doubt. The absence of identification of the accused by other alleged eye witnesses is no way fatal taking into account the lapse of time and the probable consequential lapse of human memory by the time of their depositions. The very accident and the extensive damage suffered by the scooter, which was crushed under the front wheel of the bus, may make the application of the principle res ipsa loquitor not unjustified and the death of an injured on the spot and the death of another on his way to the hospital and the grievous injuries suffered by a third show the violent impact of the hit by the bus to the scooter, which could not have been of such a magnitude had the scooterist been avoiding a she-buffalo in hitting the bus. The probability that the bus dragged the scooter and the injured to a significant distance is also a pointer and the introduction of a she-buffalo by P.W.7 appears to have been rightly disbelieved by the Courts below. The Motor Vehicles Inspector ruled out any mechanical defects in the bus leading to the accident and the death of one person on the spot, another on the way to the hospital and grievous injuries of P.W.6 could not have been dissociated from the immediate consequences of the accident. The deaths and the injuries being the proximate result of the accident, the conclusion by both the Courts below about the guilt of the accused for the offences punishable under Sections 304-A and 338 of the Indian Penal Code due to his rash and negligent driving in causing the deaths and injuries cannot be faulted. Even the sentences imposed for both the offences were minimal and reasonable and it is obvious that the trial Court had already taken a lenient view on the submissions of the accused and must have considered the absence of any past criminal record for the accused. Under the circumstances, there is no ground for interference in the criminal revision. 10. In Criminal M.P. No.6406 of 2004, the revision petitioner was directed to be released on bail during the pendency of the revision and he has to submit himself to serve the sentences imposed by the impugned judgment confirmed in the appeal in view of his failure in the revision case. The fine imposed by the impugned judgment, of course, is stated to have been already paid. 11. In the result, the criminal revision case is dismissed and the criminal revision petitioner/the accused shall surrender before the Court of II Additional Judicial Magistrate of First Class, Eluru within 15 (fifteen) days from today to serve the sentences of imprisonment imposed by the impugned judgment to run concurrently and in default, the said Court shall cause execution of the said sentences. _____________________ G. BHAVANI PRASAD, J Date: 09-12-2011 Svv