R.NANDAKUMAR Vs. STATE

JUDGEMENT

(1.) The accused is the revision petitioner herein. The revision is filed by the petitioner against his conviction and sentence made in CC.No.587 of 2004 as confirmed in CA.No.323 of 2006 for the offence under Section 304A IPC.

(2.) The criminal law was set in motion against the accused on the basis of the complaint given by PW1, who is none else then the wife of the deceased Nagaraj. The complaint proceeds as if 407-Van was driven by the accused on Pollachi to Palacode Road and the same was driven at high speed in rash and negligent manner and hit and dashed against one Nagaraj who was going on the southern side of the road, as a result, he sustained serious injuries and succumbed to the same, thereby the accused committed the offence punishable under Section 304 A IPC.

(3.) The prosecution in order to prove the guilt of the accused examined the defacto complainant and other independent witnesses, who are, according to the prosecution, eyewitnesses of the occurrence, postmortem Doctor, Mahazar witnesses and police officials as PW1 to PW13 and produced Ex.P1 to Ex.P8 documents. The Trial Court on the basis of the available evidence, arrived at a conclusion that the van dashed against the deceased from behind and the van driver was found guilty of the offence under Section 304A IPC and convicted and sentenced him for the same. Aggrieved against the same, the accused preferred CA.No.323 of 2006. The lower Appellate Court on the basis of the same evidence agreed with the findings of the Trial Court and confirmed the Trial Court judgment. Hence, the present revision by the accused before this Court.