SUGUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE sole accused in C.C. 127 of 2005, who was convicted by the trial Judge namely, the learned Judicial Magistrate II, Karur, in the said case for an offence punishable under Section 304 -A IPC, after suffering a dismissal of the appeal filed by him in C.A. No. 24 of 2007 on the file of the Sessions Court, Karur, has approached this Court with the present Criminal Revision Case under Section 397 read with Section 401 Cr.P.C. He was prosecuted on the accusation that he drove the lorry bearing Regn. No. TN -28 -N -3785 on the east west road in front of the Nadayanur school playground in a rash and negligent manner and hit the deceased Narasimhan who was proceeding in a bicycle on the left side of the road resulting in his death.

(2.) THE Crime No. 474 registered on the file of the Velayuthampalayam Police Station regarding the said accident was investigated by the police which resulted in the submission of a final report, alleging commission of an offence punishable under Section 304 -A IPC. The same was taken on file by the learned Judicial Magistrate II as C.C. No. 127 of 2005. On appearance, the revision petitioner/accused denied having committed any offence and hence necessary charge was framed for an offence under Section 304 -A IPC. When the revision petitioner/accused was asked to express his plea, he pleaded not guilty. Pursuant to such a plea, a trial was conducted in which 6 witnesses were examined as P.Ws. 1 to 6 and 8 documents were produced as Exs. P.1 to P.8. After he was questioned under Section 313(1)(b) regarding incriminating materials found in the evidence of the prosecution case, the revision petitioner/accused did not examine any witness on his side. He did not produce any document either during the examination of evidence adduced on the side of the prosecution or along with statement under Section 313(1)(b) stated thereto.

(3.) AS against the judgment of the trial Court dated 12.04.2007, an appeal came to be filed by the revision petitioner/accused as C.A. No. 24 of 2007 on the file of the Sessions Court, Karur. The learned Sessions Judge heard the appeal, re -appreciated the evidence and on such re -appreciation, concurred with the finding of the trial Court in all respects and dismissed the appeal by his judgment dated 21.09.2007. The said judgment of the learned Sessions Judge, Karur is challenged in the present Criminal Revision Case.