BALU Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner Balu @ Balraj, aggrieved by the judgment of the Chief Judicial Magistrate, Nagapattinam, dtd. 20/11/2012 in C.C.No.17 of 2011, whereby, the petitioner is convicted for the offence under Sec. 304-A of Indian Penal Code and imposed a punishment of one year Simple Imprisonment and the judgment of the learned District and Sessions Judge, Nagapattinam, dtd. 06/04/2015 in C.A.No.61 of 2012 that dismissed the appeal, preferred by the petitioner/accused.

(2.) On 30/10/2009, when P.W.12, Sub-Inspector of Police was on duty at the Kilvelur Police Station, P.W.1 lodged a complaint to the effect that his daughter Swetha, aged about 1 1/2 years was playing near the house. Whileso, the petitioner/accused, who drove the tractor, bearing registration No.TN 51 E 6331 along with trailer, bearing registration No.TN 51 E 6347, reversed the vehicle in a rash and negligent manner and the baby was caught under the left side rear wheel of the trailer and her head got crushed and she died. Based on the said complaint, P.W.12 registered a case in Cr.No.679 of 2009. Thereafter, P.W.13 took up the case for investigation. However, P.W.14 thereafter completed the investigation laid a charge sheet on 23/11/2009, proposing the accused guilty for the offences under Sec. 279 and 304 -A of the Indian Penal Code.

(3.) The case was taken on file by the earned Chief Judicial Magistrate as C.C.No.17 of 2011 and upon being furnished with the copies of all the documents under Sec. 207 of the Code of Criminal Procedure and upon questioning, the accused denied the charges and stood trial. The prosecution, thereafter, examined P.W.1, the first informant and the father of the deceased child, P.Ws.2 and 3, eyewitness to the incident and the other witnesses upto P.W.14. On behalf of the prosecution, the complaint was marked as Ex.P-1, the observation mahazar was marked as Ex.P-2, the Motor Vehicle Inspection Report was marked as Ex.P-3, the Accident Register was marked as Ex.P-4, the Post-Mortem Report was marked as Ex.P-5, the First Information Report was marked as Ex.P-6, Inquest Report was marked as Ex.P-7, and the Rough Sketch was marked as Ex.P-8.