CHANDRASEGAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Revision filed under Sections 397 and 401 of Cr. P.C. by the accused was directed against the ORDER of conviction and sentence rendered by the learned Principal Sessions Judge at Pondicherry in Cr1. Appeal No. 23 of 1988 whereby confirming the conviction and sentence recorded by the learned trial Judge The Chief Judicial Magistrate, Pondicherry in S.T.R. No. 121 of 1987, in which the trial was conducted against the Revision petitioner herein for the charges framed under Section 304(A) I.P.C. and thereupon convicted and sentenced to undergo Simple Imprisonment for a period of 2 months and to pay a fine of Rs. 1,000/- and in default of which to undergo Simple Imprisonment for 1 month on finding the accused guilty of the charges tried against him. The brief facts of the prosecution case as culled out from the recorded evidence before both courts below are as follows:

(2.) The Revision Petitioner was a driver of a transport passenger bus owned by a private person by name Vasantha Raja, bearing the registration mark TNJ 9979 and at about 830 A.M. OD 21.12.1986 he was driving the said vehicle on Pondicherry-Cuddalore road by proceeding from south towards north. When he neared Nonankuppam bridge on the western side of the road, the bus hit three pedestrians by name Subburayan, Sami kannu and Raju and all the three of them were killed on the spot. It was alleged by the prosecution that the Revision petitioner drove the vehicle so rashly and negligently with a great speed, P.W. 1 Gnanasekaran, P.W. 2 Rajamani and P.W. 3 Manickkam were the eye witnesses to the true some accident above referred. On informing the Traffic Police Station by P.W. 1 Gnanasekaran at about 9:00 a.m. on that day P.W. 7 Venkatachalapathy, Inspector of Police, recorded the statement from him and got it registered in the Traffic Police Station Cr. No. 219 of 1986 under Sections 304(A), 279 and 337, I.P.C. against the accused. Ex. P-i is the First Information Report. Then he inspected the place of accident; prepared Ex.P-l0 rough sketch alone showing the photograph of the scene of accident. Then P.W. 7 Inspector went to the Government Hospital, Pondicherry, held inquest over the dead bodies of the deceased Samikannu, Subburayan and Raju in the presence of Panchayatdar and prepared inquest report respectively Exs. P.13, P.14 and P.15. He examined P.Ws. I to 3 and recorded their statements. Following this, he sent a requisition to the Hospital Authorities with the dead bodies escorted by the police to conduct the autopsy over the same. P.W. 4 Dr. Elumalai attached to Government Hospital, Pondicherry did not autopsy over the dead body of Samikannu and found the following injuries: (Ex. P. 2). External injuries: - Body lies on its back. Stained with blood. The skull is broken into pieces and brain has come out. The left half of the face is smashed. Compound fracture (R) arm. Compound fracture (L) leg. Compound fracture (L) Febur. Deep lacerated injury in the abdomon (R) 6 Cm x 4 Gm x 3 Cm. Lacerated injury chin 2 cm x 1 cm. Lacerated injury Penis 1 cm x 1 cm. Internal iniuries:

(3.) On being questioned with reference to the evidence appearing as well as the incriminating portion against the accused by the trial court under Section 313 Cr. P.C. the accused Revision petitioner denied his complicity in toto, but added that at the time of accident, the road was slippery due to the rain and that though he applied the brake, it gave why and that therefore the vehicle was capsized. He was not aware of the three victims above referred. He examined none on his behalf to establish his case.