ANTHONY SELVAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been preferred against the judgment dtd. 5/8/2015 passed by the learned III Additional Sessions Judge, Villupuram @ Kallakurichi in Crl.Appeal No.54 of 2012 confirming the judgment dtd. 1/8/2012 in C.C.No.105 of 2007 passed by the learned Judicial Magistrate, Kallakurichi sentenced him to undergo for the offence under Sec. 337 of IPC (2 counts) and ordered to pay fine of Rs.500.00 in default to undergo one month SI and convicted for the offence under Sec. 304-A of IPC and ordered to undergo SI for 6 months and pay a fine of Rs.2000.00 in default to undergo one month SI.

(2.) The case of the prosecution is that on 16/7/2005 at 05.40 p.m at Vazhavanthankuppam bus stop at Chennai-Salem Highway, a TATA Eicher vehicle bearing Reg.No.TN 32/C-1956 driven by the accused with one Selvam, Cleaner and Arumugam Owner of the fish which was transported in the said vehicle to Kerala dashed behind the transport bus causing accidental death of the Cleaner Selvam and grievous injury to Raja, who was travelled as a passenger in the transport bus. The case was registered under Ss. 304-A and 337 IPC (2 counts) of IPC in Crime No.164 of 2008.

(3.) The prosecution examined 10 witnesses and marked 10 exhibits. To prove the charges. For the offence under Ss. 279, 337 (2 counts), 304-A of IPC. The trial Court held the accused guilty of causing accident due to rash and negligence; held him guilty for offence under Ss. 337 (2 counts) and 304-A of IPC and sentenced him to pay fine of Rs.500.00 each, in default, to undergo 1 month SI for the offence under Sec. 337 (2 counts) of IPC and to undergo 6 month SI and to pay a fine of Rs.2000.00 in default to undergo 1 month SI for the offence under Sec. 304-A of IPC.