RAMAMURTHY Vs. STATE

JUDGEMENT

(1.) Being aggrieved by the judgments in C.C.No.176 of 2007, dated 09.12.2009, on the file of the Judicial Magistrate No.2, Ulundurpet and Crl.A.No.3 of 2010, dated 20.02.2010, on the file of the Principal Sessions Judge, Villupuram, the present revision case is filed.

(2.) Facts of the case, as deduced from the judgments, are that on on 02.04.2007, about 08.45 P.M., when Subash, S/o. Gandhi, was standing on the mud road, before a Tea Shop at Periyasevalai Village, Madapattu-Thirukovilur Main Road, a Tractor, bearing Registration No.TN 32 Z 1020, with Trailor, bearing Registration No.TDF 3104, driven in a rash and negligent manner, without any horn, dashed against the said Subash. The victim lateron died. On the complaint of PW.1 , Gandhi, PW.12 , Rajaram, Head Constable, Thiruvanainallur Police Station, registered a case in Cr.No.181 of 2007, for the offences, under Sections 279, 337 IPC. The said complaint has been marked as Ex.P1. Ex.P5 is the FIR. Investigation was taken up by PW.13, Inspector of Police, Thiruvanainallur Police Station and in the presence of Pws.7 and 9, Radhakrishnan and Palani, Ex.P3 , Observation Mahazar, Ex.P6 , Sketch and Ex.P7 , Post-Mortem Certificate, have been marked. The petitioner thereafter surrendered before the police and remanded to judicial custody. PW.11 , Motor Vehicles Inspector has conducted an inspection and submitted his report, which is marked as Ex.P4. PW.6 is the Doctor, who conducted Post-Mortem. Thereafter, a charge sheet has been filed, under Section 304-A IPC. Though 15 witnesses have been cited, 13 were examined and 7 documents were marked.

(3.) PW.1, father of the deceased, Subash, in his evidence, has deposed that when his son was waiting to take a bus to Avanasi, a Tractor-cum-Trailer, dashed against him. He has further stated that on the way to the hospital, his son died. Witnesses, Pws.2 to 5, have adduced evidence, regarding the accident. PW.8 has been treated as hostile. Pws.7 and 9 were witnesses to Ex.P3 , Observation Mahazar. PW.10, Police Constable, Moideen, has adduced evidence, regarding handing over the body to post-mortem. PW.6, Doctor, has adduced evidence that the deceased had sustained multiple injuries. Ribs 3, 4, 5 and 6 were broken. There was a grievous injury in the right lung. He has opined that the death could have been due to the grievous injuries, blood loss and shock. PW.11, Motor Vehicles Inspector, has stated that there was no mechanical defect.