INNASIMUTHU Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Sessions Judge, Pudukottai, confirming the conviction and sentence passed by the Chief Judicial Magistrate, Pudukottai, under Section 304-A, Indian Penal Code, 1860 to undergo R.I., for two years and also cancellation of the driving licence for a period of 5 years.

(2.) The brief facts of the prosecution case are as follows: On 23-4-1981, P.W.3 loaded the lorry of the petitioner with cholam, ragi and rice bags at Oorandipuram for transporting them to Pudukottai and he also travelled in the lorry. The petitioner drove the lorry. The lorry reached Karambakudi at about 10 P.M. P.W.4, the loadman loaded 25 bags of rice and cholam at Karambakudi and Thiruvonam. P.W.3 and the cleaner were seated in the cabin. P.Ws.4 and 5 sat on the load of the lorry. At about 3 P.M., the lorry ran over a heap of stones on the road and turned at Vettanvidhthi. P.W.3 woke up at the time the lorry overturned and he sustained an injury on his leg. The cleaner died at the spot itself. P.Ws.4 and 5 also were thrown away from the load and they sustained injuries. On a complaint Exhibit P-3 given by P.W.3, a case was registered, investigated and charge-sheet was filed against the petitioner.

(3.) P.W. 1, the Motor Vehicles Inspector, inspected the vehicle and issued the certificate Exhibit P-1. P.W.2, the Medical Officer, conducted the autopsy over the dead body of Mohammad Ali, the cleaner, P.Ws.3 to 5 are the eye witnesses to the occurrence. P.Ws.4 and 5 were treated as hostile. P.W.6 is the Investigating Officer.