(1.) THE petitioner stood charged for the offences punishable under Section 304 (A) of IPC and Section 184 of the Motor Vehicles Act and after trial, he was convicted for the offence under Section 304-A of IPC and sentenced to undergo rigorous imprisonment for a period of 12 months, with fine of Rs.4,500.00, failing which to undergo rigorous imprisonment for a period of three months. The petitioner was also convicted for the offence under Section 184 of the Motor Vehicles Act and sentenced to pay a fine of Rs.500.00 failing which to undergo rigorous imprisonment for a period of one month. The appeal filed by the petitioner questioning his conviction and sentence passed by the trial court was dismissed by the learned III Additional Sessions Judge, Chennai on 02.08.2007 against which the present Criminal Revision Case is filed.
(2.) THE case of the prosecution is that on 07.05.2005 at about 3.30 pm, the petitioner was driving the lorry bearing Registration No. TN-04-J-6777 in S.N. Chetty Street and Veeraragavan Road junction. At that time, the petitioner, due to his rash and negligent driving of the lorry, hit a motor cyclist from behind, who was driving the motor cycle bearing Registration No.TN 20 Q 3045 and caused his death.
(3.) ON the other hand, the learned Government Advocate would contend that Pws 1 to 3 have given cogent and natural evidence in support of the case of the prosecution. The prosecution witnesses have also identified the deceased and therefore, it cannot be said that the deceased was not identified and that he was identified for the first time in the Court. Merely because the trip sheet was not produced or the employees of the lorry company have not been examined, it will not vitiate the case of the prosecution in any manner.