MOHAN DOSS Vs. STATE

JUDGEMENT

(1.) THIS revision petition is filed against the Judgment made in Criminal Appeal No.98 of 2006 dated 21.11.2007 by the learned Additional District Judge (Fast Track Court-1), Chidambaram confirming the order passed in C.C.No.174 of 2005 dated 19.6.2006 by the District Munsiff-cum-Judicial Magistrate, Parangipettai wherein the revision petitioner was convicted for offence under section 304(A) I.P.C. and sentenced to undergo 6 months Simple Imprisonment and to pay a fine of Rs.2,000.00 in default to undergo 2 months Simple Imprisonment.

(2.) ACCORDING to the revision petitioner, there were vital contradictions between the evidence of P.W.2 and P.W.6, the alleged eye witnesses in this case. According to him P.W.2 is the sister's son of the deceased and P.W.2 has clearly adduced evidence stating that he has neither seen the car number nor the driver of the car. Therefore, the driver of the vehicle has not been identified. Whereas, P.W.6 who is the Village Panchayat President would only contend that he has not seen the number of the vehicle, but would only contend that he had seen the driver.

(3.) IN this connection, the learned counsel for the revision petitioner would also point out that there are no eye witnesses, where, as per the evidence of P.W.1, the son of the deceased, he was informed by one Mallika who was stated to have accompanied the deceased for going to work. When the said Mallika was the informer to the son of the deceased, namely, P.W.1, why she has not been examined or cited as a witness has not been brought to notice.