ARUMUGAM Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No. 134 of 1994 on the file of the learned District Munsif-cum-Judicial Magistrate, Perundurai, Erode District. He was tried for the offence punishable under Sections 279 and 304-A, 1PC, and the allegation against him is that at 4.00 p.m. on 30.9.1993, he being the driver of a bus belonging to a transport corporation, drove it in a rash and negligent manner and as a result of the rash and negligent driving, he hit a cyclist viz., Palanisamy and as a result of the said impact, Palanisamy died.

(2.) THE case of the prosecution is that the petitioner was the driver of a bus belonging to a transport corporation. At 4.00 p.m. on 30.9.1993, he was driving the said bus from Thiruppur and at Chengappalli, he steered the bus towards west from south without applying brakes and as a result of such rash and negligent driving, the vehicle hit the cyclist, Palanisamy, causing injuries to him. P.W.1 went to the police station, and gave a complaint regarding the incident, which according to the prosecution was witnessed by P.Ws.2 and 3. THE crime was registered and investigation was taken up by P.W.5, the Sub-Inspector of Police, Uthukkuli Police Station. THE inquest was conducted and the cycle was seized. Later the body was subjected to post-mortem and the vehicle was also inspected by the Motor Vehicles Inspector. When the accused was questioned under Section 313 of the Cr.P.C. on the incriminating materials appearing against him, he denied all the circumstances. THE trial Court accepted the prosecution version, convicted the petitioner under Sections 279 and 304-A, IPC, and sentenced him to suffer one year simple imprisonment for the offence punishable under section 304- A and for. the offence punishable under Section 279, IPC. No separate sentence was imposed, which on appeal, was confirmed. Hence, the present revision.