VETRIVELAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner is the accused who faced trial in CC. No. 1356 of 2003 for the offence under Section 304A IPC. The accused suffered judgment of conviction and sentence in CC. No. 1356 of 2003 as confirmed in CA. No. 367 of 2005 by the lower appellate Court. The case of the prosecution is that the accused at about 17.00 hrs. on 14.09.2003 was driving his water tanker lorry in rash and negligent manner from east to west on Anna Main Road and took diversion opposite to Indian Bank, MGR Nagar branch, Chennai and proceeded in the same speed towards west and dashed against the motor cycle coming in opposite direction resulting in head injury to the rider of the motor cycle who later succumbed to the head injuries in Vijaya Hospital, despite treatment, on 17.09.2003 at 9.45 hours..

(2.) The prosecution in order to prove the guilt of the accused examined PW 1, PW 2 and PW 5/eyewitnesses PW 4 to PW 7/Doctors, PW 9 and PW 10 Motor Vehicle Inspector and Police official as PW 1 to PW 12 and produced Ex. P1 to Ex. P11 documents. Both the Courts below, on the basis of the available records having found that the water tanker lorry came at high speed in rash and negligent manner and dashed against the deceased and the driver of the lorry was solely responsible for the accident, convicted and sentenced him for the above said offence. Aggrieved against the same, the accused is before this Court by way of this criminal revision.

(3.) Heard the rival submissions made on both sides and perused the records.