SELVARANGAM Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order of acquittal passed by the Judicial First Class Magistrate, Kuzhithurai, under section 255 (1), CODE OF CRIMINAL PROCEDURE, 1973.

(2.) The brief facts of the prosecution case are as follows: That on 12.2. 1979 at about 1.20 p.m. opposite of Harijan Colony, Kezhuvanthitittai at the main road, the accused Gopalakrishna Pillai drove the lorry TNK 2565 from north to south at a great speed rashly and negligently without blowing horn and dashed against the deceased school going girl. Vijayakumar, who was proceeding on the left side of the road to her school by hitting her with the front wheel of the lorry, as a result of which the said girl fell down and caught inside the front right wheel of the lorry and thereafter the lorry was stopped at a distance of 85 feet away from the place of impact on account of the noice raised by the witnesses Rajaiah, Sundaresan, Thangayyan and others. The deceased was found dead on the right side of the rear wheel. The omentum of the deceased was protruding and the left thigh was found fractured and there was profused bleeding in the nostrile and mouth. P. W. 1 reported the matter to Kuzhithurai Police and his statement, Exhibit P. 1. was recorded and a case was registered in Cr. No. 168 of 1979 and investigation and after observing all usual formalities and procedures charge-sheet was filed. In order to prove the charge against the accused, the prosecution has examined 5 witnesses and filed 3 exhibits. P. W. 1 to 3 are the eye witnesses to the occurrence. P. W. 4, the Motor Vehicles Inspector, inspected the vehicle involved in the accident and issued the certificate. Exhibit P. 2 to the effect that the accident was not due to any mechanical defect in the vehicle, P. W. 5, the Medical Officer, who conducted the autopsy over the dead body and issued the post-mortem certificate. Exhibit P. 3, has opined that the deceased would appear to have died of shock and heamarrhage due to the injuries sustained by her by being ran over by a fast moving lorry about 20 to 24 hours prior to the post-mortem examination. The Investigating Officer was not examined as he was not present in Court evidence of the prosecution was closed.

(3.) The accused when examined under section 313, CODE OF CRIMINAL PROCEDURE, 1973 has denied the prosecution evidence and examined one witnesses, D. W. 1 on his side has stated that the victim girl crossed the road and at that time she was hit by the mudguard of the front right wheel of the lorry and caught under the lorry and she was dragged to a distance of 35 feet.