ANNA DURAI Vs. STATE

JUDGEMENT

(1.) The accused, who had been convicted by the trial court for an offence under section 304-A I.P.C and sentenced to undergo imprisonment for a period of six months and to pay a fine of Rs. 1,000.00 which conviction and sentence had been confirmed in appeal, has filed the present revision challenging the conviction and sentence. The gravemen of the charge against the petitioner was that on 23-12-1983 at about 12 noon in Kumbakonam Main Road, he drove a van belonging to Cholan Transport Corporation bearing registration No.MIK 7940 in a rash and negligent manner, dashed against one Poovasamy and caused his instantaneous death.

(2.) The prosecution case was that while P.W.1, P.W.2, P.W.4 and P.W.5 were near the tea shop of one Pattusamy at the scene of occurrence, they saw the Cholan Transport van referred to above, driven by the petitioner, in a rash and negligent manner coming from the western side along the main road and taking a sharp turn towards the south in the cross-road and dashed against the deceased who was proceeding on a bicycle from the south to the north keeping to his extreme left. The accident was due to the rash and negligent driving of the van by the petitioner. The van swerved to the extreme western side of the north-south road and got into a ditch and came to a stop. The deceased died on the spot. P.W.1 appeared at the police station before the Sub-Inspector P.W.6 and gave Ex.P.1 complaint which was registered as crime No.221 of 1983 for an Offence under section 304-A I.P.C. Investigation was taken of by P.W.6. He visited the scene of occurrence, examined P.Ws. 1, 2, 3, 4, 5 and others, conducted an inquest over the dead body and had the body sent to the Medical Officers P.W.3 for post-mortem. The autopsy by P.W.3 showed that the death was due to impact of an automobile. P.W.3, the Motor Vehicle Inspector, examined the vehicle and certified as per Ex.P.4 that the accident was not due to any mechanical defect in the vehicle. After completing investigation, P.W.6 laid a charge sheet.

(3.) During trial, on behalf of the prosecution, P.Ws.1 to 2 were examined and Ex.P.1 to P.4 marked. The accused when questioned denied the guilt and had no evidence to offer either oral or documentary. The trial Court on the above materials accepted the prosecution case and convicted and sentenced the Petitioner as indicated above and the same having been confirmed in appeal, the aggrieved accused has preferred the present revision.