SEKAR Vs. STATE

JUDGEMENT

(1.) THE revision petitioner is the accused in C.C.No.196 of 1996 on the file of the Judicial Magistrate, No.I, Attur. He stood charged for the offences under Secs.279, 304(A) of INDIAN PENAL CODE, 1860 learned Judicial Magistrate found him guilty and convicted him under Sec.304 (A) of INDIAN PENAL CODE, 1860 and sentenced him to undergo six months R.I. and also to pay a fine of Rs.2,000 in default to undergo three months R.I.

(2.) ON appeal to the first Additional District and Sessions Judge, the conviction and sentence were confirmed. Aggrieved by the same, the accused has preferred this revision petition.

(3.) LEARNED senior advocate also referred to the evidence of P.W.2, Raja who is said to be another eye witness to the occurrence, who in his evidence has stated that he was having lands on the backside of Leprosy Hospital and on the date of the accident, he heard a sound and then seen that the bus hit against the boy in which the boy died on the spot itself. LEARNED advocate for the petitioner also referred to the evidence of P.W.4 grandfather of the deceased, who also deposed that only after hearing the sound, he turned to the said direction, rushed to that place, where he had seen his grandson had sustained injuries and died on the spot itself. By pointing out the above said evidence of P.Ws.1, 2 and 4 he has argued that no one speaks that the petitioner has driven the bus in a rash and negligent manner and in the absence of any evidence to that extent, the conviction is unwarranted.