BALAKUMAR Vs. MUTHUSELVAM

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment of acquittal pronounced by the learned Judicial Magistrate, Musiri in C.C.No.109 of 2007. The said case was instituted on a private complainant filed pursuant to a negative report submitted by the Sub-Inspector of Police, Musiri Police station in crime No.163 of 2006 registered on the file of the said police station. The complaint to the police was made by the appellant herein.

(2.) THE contents of the complaint are to the effect that on 03.04.2006 the respondent herein drove his motor cycle bearing registration No.TN-46-A-5259 on Pulivalam-Musiri main road rashly and negligently keeping the deceased Thenmozhi seated on the motor cycle as a pillion rider and that as a result of such negligent driving, the pillion rider, namely the deceased Thenmozhi was thrown out from the motor cycle, resulting in head injuries which ultimately led to her death on the failure of treatment. Though the time of death of Thenmozhi on the way to the Government General Hospital, Trichy from Musiri has been noted in the complaint with an interpolation as 6.30 p.m., the complaint does not contain any reference to the time at which the accident took place. The complaint also contains an averment that the respondent was driving the above said vehicle, namely motor cycle on the Thar portion of the road rashly and negligently and while trying to give way to the passenger bus that was coming in the same direction, he applied brake which caused a jerk and the resultant fall of the deceased from the motor cycle. The said complaint contains a further averment that after the occurrence, the respondent himself took the deceased to Alva Hospital, Musiri and then to the Government Hospital, Musiri. The complaint also proceeds to state that since the Medical Officers at Government Hospital, Musiri referred Thenmozhi to Government General Hospital, Trichy, she was taken in an ambulance to Trichy, but unfortunately on the way she succumbed to injuries. There is no reference as to who accompanied Thenmozhi in the ambulance to Trichy.

(3.) ON appearance the respondent/accused denied having committed the offence of causing death by negligently driving the motor cycle. Hence, after framing a charge and recording the plea of the accused, a trial was conducted, in which totally three witnesses were examined as PW1 to PW3 and five documents were marked as Exs.P1 to P5 on the side of the prosecution/complainant. The respondent herein/accused was also questioned under section 313(1)(b) Cr.P.C regarding the incriminating materials found in the evidence adduced on the side of the complainant and also generally regarding the case and the respondent/accused denied the evidence adduced against him by the prosecution witness. No witnesses was examined and no document was marked on his side.