SELVAMANI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case in Crl.RC.No.632 of 2014 is filed by the petitioner/accused as against the conviction for the offences under Ss. 279, 337 and 304(A) of IPC., and imposing a sentence of fine of Rs.700.00 for the offence under Sec. 279 of IPC., in default to undergo one week Simple Imprisonment; a fine of Rs.400.00 for the offence under Sec. 337 of IPC., in default to undergo one week Simple Imprisonment; and One year Simple Imprisonment for the offence under Sec. 304(A) of IPC., by the Judgment of the Learned Judicial Magistrate No.II, Myladuthurai in C.C.No.415 of 2007, which was confirmed by the Learned District and Sessions Judge, Nagapattinam, dtd. 4/6/2014, in C.A.No.84 of 2011.

(2.) On 5/2/2007, PW.1/Nagajothi, while admitted as an in-patient in Government Periyar Hospital, Mayiladuthurai, gave a statement that on 5/2/2007, she along with her husband/ Linganathan, the deceased were going for a wedding in Kawashki Motorcycle bearing Registration No. TN-55-F-8119. While her husband was riding the motorcycle, she was the pillion rider. When they were going near Kadali Angadi at about 7.30 a.m., north to south, a Bus, which was driven in a high speed and negligent manner in the opposite direction, bearing Registration No.TN-49-N-0981, dashed against the motorcycle. Her husband sustained injuries on the face and forehead and died on the spot. In the same accident, she got injured on the left leg, left hand and hip. PW.12, recorded the statement, took up the case for investigation and after completing the investigation laid a final report on 1/11/2007, proposing the petitioner/ accused guilty for the offences under Sec. 279, 338 and 304 (A) of IPC.,

(3.) Upon being questioned, the accused denied the charges and stood for trial. The prosecution examined one Nagajothi, who is the first informant/victim and wife of the deceased, who deposed that on the date of occurrence i.e., on 5/2/2007 at about 7.30 am., near Kadali Angadi on the left-hand side of the road, the accused driven the bus from the opposite direction in a high speed and they did not have space to further swerve on the lefthand side, therefore, the Bus hit against the Bike and her husband died on the spot and she suffered injuries and got fainted after the accident. She woke up only at the Hospital. Thereafter, she gave the complaint.