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Showing contexts for: section 338 in Pedamutu Sreenu vs The State Of A.P., Rep, By Its Pp on 1 September, 2025Matching Fragments
12. The learned Trial Court examined as many as thirteen witnesses and marked Exs.1 to 16. The evidence of P.W.4 and P.W.5 is clear that they had identified the petitioner as the driver of the appending vehicle. They deposed that the petitioner drove the lorry in a rash and negligent manner and dashed against the motorcycle in which, the deceased No.1/Chintala Rama Devi, her elder son, and deceased No.2/Chintala Deepthi Chand were travelling. In fact, Dr.YLR, J Dated 01.09.2025 P.W.3 was going to Gudiwada on a motorcycle bearing No.AP 16 AG 3086 along with his wife and two children. P.W.3 was riding the motorcycle, his wife/deceased No.1 was pillion rider keeping her younger son with her, and the elder son/deceased No.2 was seated on the petrol tank. Thus, P.W.3 was riding the motorcycle with four persons including himself. The learned Trial Court having appreciated the evidence of the witnesses found the petitioner guilty for the charge under Section 304-A, 338 of 'the I.P.C.,' and under Section 134 (a) and (b) read with 187 of Motor Vehicle Act 1988. There was no mechanical defect in the vehicle i.e., lorry bearing No. AP 16 TT 3359 driven by the petitioner as per the evidence of the Motor Vehicle Inspector. The identity of the petitioner is not in dispute, as he was seen and identified by P.W.4 and P.W.5, and P.W.10, the owner of the vehicle, produced the accused before the Investigating Officer. The learned Appellate Court also rightly confirmed the judgment of the learned Trial Court. Hence, the conviction for the charge under Section 304-A, 338 of 'the I.P.C.,' and under Section 134 (a) and (b) read with 187 of 'the Act.,' shall be maintained.
14. In view of the obtaining peculiar facts and circumstances of the case, the conviction of the petitioner for the charges under Sections 304-A, 338 of 'the I.P.C.,' and under Section 134 (a) and (b) read with 187 of 'the Act.,' shall be maintained while reducing the sentence of imprisonment to which the petitioner had already undergone besides sentencing the petitioner to pay an amount of Rs.30,000/- towards fine, within two (02) months from the date of receipt of this order, failing which the petitioner shall suffer six months simple imprisonment. The fine amount of Rs.30,000/- paid by the petitioner shall be paid to the legal heirs of the deceased persons i.e., P.W.3/husband.