SUDALAIMUTHU Vs. STATE

JUDGEMENT

(1.) Crl. R. C. No. 633 of 1990, filed by the petitioner K. A. Mydeen, a driver (A-1) is directed against the Judgment of conviction and sentence imposed by the Judicial Magistrate, Valliyoor, in C.C.No. 449 of 1989, as confirmed by the Principal Sessions Judge, Tirunelveli, in C.A.No. 157 of 1990. Crl. R.C. No. 632 of 1990, filed by the petitioner Sudalaimuthu, a Conductor (A2) is directed against the conviction and sentence imposed by the Judicial Magistrate, Valliyoor in C.C.No. 449 of 1989, as confirmed by the Principal Sessions Judge, Tirunelveli, in C.A. No. 158 of 1990. Both the petitioners were convicted under Section 304-A I.P.C., and sentenced to undergo R.I. for six months and to pay a fine of Rs. 1,500/-.

(2.) The short facts leaving to the above revisions could be summarised as follows :-The petitioner in Crl. R.C. No. 633 of 1990. K. A. Mydeen, and the petitioner in Crl. R.C. No. 632 of 1990, Sudalaimuthu, were the Driver and Conductor of the bus belongwith to Kattabomman Transport Corporation, bearing registration No. TCP 7987, during the time of accident that took place at Thirukurungudi bus-stop, on 6-3-1989. P.W.1 Sathyabai, hailed from Srilakshmipuram. The deceased Valliyammal is her grand-mother. On 5-3-1989, P. W.1 Selvi Sathyabai, came to see her grand-mother at Thirukurangudi village. Next day, i.e. on 6-3-1989, at about 3.00 p.m., P.W.I came to the bus stop at Thirukurangudi, in order to board the route No. 68 bus, belongs to K.T.C., coming from Babanasam to Kanyakumari. The deceased Valliyammal, the grand-mother of P.W.1, also came there to send-off her and both of them waited at the bus-stop. At about 3.15 p.m., the said bus TOP 7987 came and stopped at the bus-stop. P.W.1 boarded on the bus and took her seat. The deceased Valliyammal also got into the bus and handed over her bag containing paddy to P.W. 1 and then she moved to alight from the bus. At that point of time, the conductor Sadalaimuthu blew the whistle, giving signal to the Driver Mydeen to start the bus. Then, the driver started the bus. In that event, the deceased, Valliyammal, having lost her balance fell down from the bus. The left side rear wheel of the bus ran over on her right thigh. The passengers raised alarm. The driver immediately stopped the bus on the spot. Valliyammal the grand-mother of P.W. 1, also died at the spot itself.

(3.) P.W.2 Krishnan, is having a petty shop, near the said bus stop. After this incident, P.W.2 who already knew P.W.1 took her to the police station. P.W.6, Gnanam Gandhi, the Head Constable, at 3.30 p.m., received the complaint Ex. P1 attested by P.W.2 Krishnan, from P.W.1 and registered the case in Cr. No. 75 of 1989, for the offence under Section 304-A I.P.C. The printed F.I.R. is Ex. P6.