PERIYASAMY Vs. INSPECTOR OF POLICE, ATTUR POLICE STATION

JUDGEMENT

(1.) AGGRIEVED by the judgments made in C.A. No. 138 of 2013, dated 12.09.2014, on the file of the Ist Additional District and Sessions Judge, Salem and C.C. No. 731 of 2004, dated 25.11.2013, on the file of the Judicial Magistrate No. 1, Attur, the present Criminal Revision Case is filed.

(2.) THE case of the prosecution is that on 19.07.2004, about 8.30 a.m., the deceased, viz., Ravichandran was riding his two wheeler, towards Attur from Salem direction. At that time, near Narasingapuram bridge, the Accused -Periyasamy drove a goods carriage Auto, bearing Registration No. TN 27 X 9352, came in the opposite direction, on the right side of the road, with high speed and dashed against the two wheeler, driven by the deceased Ravichandran. Due to the said impact, the deceased was thrown away and suffered injuries and died on the spot. The driver of the Auto ran away from the scene of occurrence.

(3.) THEREAFTER , on 20.7.2014, about 11 a.m., the Inspector of Police, Mr. Sivasubramaniam, has arrested the accused and subsequently, the Accused was remanded to judicial custody, on the same day. The Inspector of Police, Mr. Sivasubramaniam, enquired the autopsy doctor, P.W. 5 and recorded his statement. He has also seized both the vehicles and forwarded the same to P.W. 7 - Mr. Babu, Motor Vehicle Inspector. P.W. 7 inspected both the vehicles and certified that there was no mechanical defect in the vehicles and issued Inspection Reports, marked as Exs. P5 and P6. Thereafter, the Inspector of Police, Mr. Sivasubramaniam, has enquired P.W. 5 - Dr. Muthukumar, Autopsy Doctor, P.W. 6 - Chinnasamy, Head Constable and P.W. 7 - Babu, Motor Vehicles Inspector and recorded their statements and after completing the investigation, filed a final report under section 279 and 304 -A IPC against the Accused.