M SENTHIL KUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner was tried for an offence under Section 279 and 304-A of IPC by the trial court. After conclusion of trial, the trial court convicted the petitioner for the offence under Section 279 of IPC and sentenced to undergo simple imprisonment for three months and also convicted the petitioner for the offence under Section 304-A of IPC and sentenced to undergo simple imprisonment for a period of one year with fine of Rs.1,000/- failing which, to undergo simple imprisonment for a period of 3 months. The trial Court also imposed sentence of fine of Rs.500/- under Section 134 (A) (A) read with 187 of the Motor Vehicles Act. Challenging the same, the petitioner has filed Criminal Appeal No. 98 of 2009 before the appellate Court and the appellate Court, while confirming the conviction and sentence for the offence under Section 304 A IPC and 134 (A) (A) read with 187 of M.V.Act, on 13.11.2009 acquitted the petitioner for the offence under Section 279 of IPC. Hence, the present Criminal Revision Case is filed.

(2.) The case of the prosecution in brief is that on 28.1.2007 at about 15.45 hrs in between Coimbatore Aavarampalayam S.N.R. College Road and Balaji Nagar Bridge, while the deceased Arunachalam was walking East to west direction, the petitioner/accused who drove the Auto bearing Registration No.DSP E 171 in the same direction came in a high speed and dashed against the said Arunachalam and caused grievous injuries over his head. He was admitted in the Coimbatore Ramakrishna hospital at Coimbatore immediately for treatment and the said Arunachalam died in the hospital and, therefore, the petitioner/accused committed offence punishable under Sections 279 and 304(A) IPC.

(3.) In order to establish the guilt against the accused, the prosecution examined Pws 1 to 9 and marked Exs. P1 to P11. On behalf of the petitioner/ accused, no oral evidence was let in or documents marked. The trial court on analysis of the oral and documentary evidence concluded that the petitioner/ accused is guilty of the offence complained of, which was also confirmed in the appeal filed by the petitioner.