BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision is preferred against the order of conviction passed by the learned Judicial Magistrate No. Ill, Thanjavur under Section 304 (A) IPC, and sentencing him to undergo one years rigorous imprisonment and to pay a fine of Rs. 1,000 in default to suffer three months SI which was confirmed by the learned Additional Sessions Judge, ETC, I, Thanjavur in CA No. 39 of 2010 dated 6.8.2010.

(2.) THE short facts are that on 1.7.2009, at about 8.15 a.m. the revision petitioner had driven the Transport Corporation Bus bearing Registration No. Tamil Nadu 49 1678 from east to west direction and dashed against the motor cyclist causing him instantaneous death. The prosecution examined the son of the deceased as PW 1 to have witnessed the accident. Apart from PW 1, PW2, 3 and 4 were examined to have witnessed the accident.

(3.) MR . M. Karunanidhi, learned counsel for the revision petitioner would point out that PW1 could not have witnessed the accident as he did not sustain any injuries and he has not accompanied the deceased to the hospital. The learned counsel would point out to the evidence of PW8 Doctor Amirthakani attached to the Thanjavur Medical College Hospital wherein he had stated that the deceased was brought to the hospital by the driver of the bus and there is absolutely no evidence to show that his son namely PW1 accompanied the deceased to the hospital. It is also pointed out by the learned counsel that none of the witnesses identified the deceased to have driven the bus at the time of accident.