ARUMUGHAM Vs. STATE

JUDGEMENT

(1.) The accused in C.C.No.364 of 2004 is the revision petitioner. According to the prosecution, on 13.10.2003 at 12 noon, when the deceased was walking at T.H. road, near electric transformer at Padmavathy Nagar, Minjur, the accused came driven a tractor bearing No.T.N.20-U 7980 in a rash and negligent manner hit the passerby who sustained injuries and died of the accident injuries. He was prosecuted for the offences under section 279, 304(A) I.P.C. before the learned Judicial Magistrate No.II, Ponneri. The complaint was lodged by one Dilli Babu who died subsequently in some other incident. Prosecution examined P.Ws.1 to 8 and exhibited Ex.P1 to P9.

(2.) The trial Court came to the conclusion that the prosecution has established the charges beyond all reasonable doubts, convicted the accused under Sec. 279 and 304(A) I.P.C. and sentenced him to 3 months S.I. and imposed a fine of Rs.2000.00 with default sentence.

(3.) Aggrieved, the revision petitioner/accused filed an appeal in C.A.No.100 of 2010. The learned Principal Sessions Judge, Thiruvallur confirmed the conviction and sentence and dismissed the Criminal appeal. In these circumstances, the accused is before us by way of Criminal revision. The learned counsel for the revision petitioner/accused would contend that absolutely there is no incriminating evidence implicating the accused in this case. None of the witnesses spoken that the accused came driven the tractor in a rash and negligent manner. The trial Court placed heavy reliance on Ex.P8 Rough sketch. Ex.P8 will give topography of the accident place. It will not tell in what manner, the revision petitioner came driven the tractor. The learned Appellate Judge also fell into error. The trial Court as well as the Appellate Court instead of finding out whether the appellant was rash and negligent in driving the tractor, decided the same based on accident injuries. Injuries sustained by a person in road accident is not an indicia to decide whether the driver driven the vehicle in a rash and negligent manner. It is not a hurt case. It is an accident case.