MAHESH Vs. STATE

JUDGEMENT

(1.) THE Revision Petitioner is the accused in C.C.No. 134 of 2006 on the file of the Court of Judicial Magistrate No. II, Kovilpatti and he stood charged and tried for the commission of the offence under Section 304A of IPC. The trial Court vide judgment dated 16.10.2007 has convicted him for the commission of the offence under Section 304A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and fine of Rs.3,000/ - with default sentence of three months simple imprisonment. The accused, aggrieved by the conviction and sentence passed by the trial Court, has filed the appeal in C.A.No. 131 of 2007 on the file of the Court of Additional District and Sessions Judge, Fast Track Court, No. II, Tuticorin. The appellate Court, while confirming the conviction, has modified the sentence of imprisonment by reducing the sentence of imprisonment from one year to 6 months and maintain the sentence of fine, vide judgment dated 10.04.2008 and challenging the legality of the same, the accused has filed this revision.

(2.) A perusal of the materials available on record in the form of typed set of documents would disclose that on 17.06.2006, at about 11.15 a.m., at Tirunelveli Main Road, Tipper lorry bearing registration No. AP 5TT 1515 was parked on the eastern side of the road facing south direction and the driver of the lorry, namely, Seetharamaraj and his Assistant one Shankar, who has alighted from the lorry and was drawing water. P.W.1, who came there, had a conversation with them. At that time, lorry bearing registration No. TN 69 Z 5254 driven in a rash and negligent manner by the revision petitioner/accused had dashed on the right rear side of the tipper lorry. The spare/alternate driver, namely, Arunachalam, who was in the cabin of the lorry, was crushed to death on account of the accident.

(3.) P .W.9 was the Inspector of Police of Kayathar Police Station at the relevant point of time and at about 12.20 p.m. on 17.06.2006, on receipt of the FIR through P.W.8, took up the investigation and proceeded to the scene of occurrence at about 12.30 p.m. and in the presence of one Ramesh and P.W.4 Kanagaraj, prepared a sketch and observation mahazar. The observation mahazar is marked as Ex.P.2 and the sketch is marked as Ex.P.6. In the presence of P.W.2/the wife of the deceased and P.W.3, the mother of the deceased, P.W.9 conducted the inquest on the body of the deceased, namely, Arunachalam between 13 hours and 14.30 hours and inquest report is marked as Ex.P7 and thereafter P.W.9 has recorded the statements of P.Ws.2 and 3. Afterwards, P.W.9, through Head Constable Krishnasamy, has sent the body for postmortem to Government Hospital, Kovilpatti, along with a requisition letter and examined P.W.1 Kandasamy, Seetharamaraj, Shankar, Pitchaiya, Muruganandham, P.W.4 Ramesh, P.W.7 and P.W.8 and recorded their statements.