PONNUSAMY Vs. STATE

JUDGEMENT

(1.) As against the concurrent findings of the Court below holding the petitioner/accused guilty of the offences punishable under Sections 279 and 304-A IPC and the conviction of the petitioner for the said offences by the trial Court, which has been confirmed by the lower appellate Court, the present Criminal Revision Case has been filed.

(2.) The petitioner stood charged and was prosecuted before the learned VIII Judicial Magistrate, Coimbatore in C. C. No. 44/2006 for offences punishable under Sections 279 and 304-A in connection with a road accident that took place on 5-1-2006 at about 7.30 p.m. in front of EB office on Mathampatti -Karadipalayam Road resulting in the death of one Chinnan @ Chinnasamy on the spot and injury to PW. 2- Bhaskaran. According to the prosecution case, while P. W. 2-Bhaskaran was proceeding in the said road in a bicycle, the petitioner/accused came there driving the mini door auto bearing Regn. No. TN-37 AD-1897 in a rash and negligent manner and hit P. W. 2 from behind and after hitting P. W. 2, the said vehicle proceeded further and dashed against the deceased Chinnan @ Chinnasamy, a pedestrian going in front of P. W. 2. It is the further case of the prosecution that the said Chinnan @ Chinnasamy, who was hit by the above said vehicle, sustained head injuries and died on the spot.

(3.) A case was registered as Cr. No. 5/2006 on the file of R2, Perur police station, Coimbatore and after investigation, a final report was submitted on the file of the VIII Judicial Magistrate, Coimbatore alleging commission of offences punishable under Section 279 and 304-A IPC on the part of the petitioner herein/accused. After necessary charges were framed, the trial Court proceeded with the trial, as the petitioner/accused pleaded not guilty. As many as twelve witnesses were examined and seven documents were marked on the side of the prosecution in order to substantiate the charges framed against the petitioner/accused.