P. SELVAM Vs. STATE

JUDGEMENT

(1.) This petition has been filed against the order of the District and Sessions Judge, Coimbatore in C.A.No.143 of 2015 against the judgment of the Judicial Magistrate No.VIII, Coimbatore in C.C.No.124 of 2013 by its order dtd. 27/8/2015 confirming the conviction and sentence imposed by the learned Judicial Magistrate Court No.VIII Coimbatore for the offence under Ss. 279 and 304(A) IPC.

(2.) The petitioner/accused was convicted by the Judicial Magistrate No.VIII, Coimbatore in C.C.No.124 of 2013 dtd. 2/6/2015 under Ss. 279 and 304-A IPC and sentenced to pay a fine of Rs.500.00 for offence under Sec. 279 IPC, in default, to undergo Simple Imprisonment for one week and sentenced to undergo one year Simple Imprisonment and to pay a fine of Rs.3,000.00, in default to undergo Simple Imprisonment for a period of three months for offence under Sec. 304-A IPC. Against the conviction, the petitioner preferred an appeal before the Sessions Court in C.A.No.143 of 2015 before the Principal District and Sessions Judge, Coimbatore. The Appellate Court by the judgment dtd. 27/8/2015 dismissed the appeal, confirming the conviction and sentence passed by the trial Court, against which, the present Revision has been filed.

(3.) The gist of the case is that on 30/3/2013 at about 7.40 a.m PW1 was proceeding in his car near by Aravind Eye Hospital, Coimbatore at that time, near Avinashi Road, Coimbatore, CMC Junction, a Motor cycle was proceeding from west to east, the defacto complainant was 50 ft behind a lorry which was coming in a rash and negligent manner from east to west suddenly turn towards right direction and had dashed against the two wheeler. The Driver of the two wheeler was thrown away. The defacto complainant parked his vehicle on the side of the road and went to the rescue of the injurer person. He saw the person with head injury and blood oozing from his left ear and left eye blackened, enquired the injured, found him to be a known person, named Dhandapani. The said Dhandapani was riding his bike with Reg.No.TN-38-BD-1260. The Lorry which caused the accident was bearing Reg.No.TN-38-AR-0076. In the lorry, the name "Puthuar Amman Thunai" was written. Thereafter, the driver's name was found as one Selvam. Thereafter, service of 108 Ambulance service utilized, with the help one Raghu brought the injured Dhandapani to KMCH Hospital. PW1/Subramanian, a driver of the tourist van at that time, after dropping his customers came to KMCH Hospital, where he was informed that the said Dhandapani passed away at 9.30 a.m. Thereafter, they went to the Police Station and lodged a complaint Ex.P1, the same registered at 10.00 a.m., by PW8. In this case, prosecution examined PW1 to PW9 and marked Ex.P1 to Ex.P10. The trial Court on the evidence and materials produced, convicted and sentenced the petitioner. The Lower Appellate Court confirmed the conviction and sentence as stated above.