KALIAPERUMAL Vs. STATE

JUDGEMENT

(1.) This revision is against the conviction and sentence by the learned Sessions Judge, Nagapattinam in C.A. No. 58 of 1992, concurring with the conclusions of the learned Judicial Magistrate No. 1, Mayiladuthurai in C.C. No. 1223 of 1987 for the offence under S. 304, I.P.C. The revision petitioner being the driver and conductor of the bus bearing registration No. TML 5306, belongs to Cholan Transport Corporation, were prosecuted and convicted by the trial Magistrate by Judgement dt. 1-4-1992, for the offence under S. 304A I.P.C. and sentenced them to undergo R.I. for six months each and to pay a fine of Rs. 1000/- in default to undergo R.I. for three months. The lower appellate Court while confirming the conviction by judgment dated 21-6-1993, modified the sentence into fine of Rs. 1,000/- each, and ordered release of the revision petitioners as they had already paid the fine amount in the trial Court.

(2.) The short facts of the prosecution Case are as follows :-The deceased Nallammal is the grand mother of P.W. 1 John Christian Vasu. On 6-7-1987, P.W. 1 took his grand mother, the deceased from the house of his aunt at Koorainadu, Myladuthurai in a bicycle, in order to send her to his village and they reached the bus stop at Vandipetti. At about 11.45 a.m. the town bus No. 5, bearing registration No. TML 5306 of Cholan Transport Corporation came and stopped in the said bus stop on its way to Myladuthurai. petitioners 1 and 2 were the driver and conductor of the bus. Then, P.W. 1 assisted his grand mother to board the bus, through the front entrance. Before she fully entered into the bus, 2nd petitioner, the conductor of the bus blew the whistle, following which the driver of the bus, the 1st petitioner started the bus with a great speed. The deceased fell down from the bus. On noticing this, P.W. 1 and others made an alarm and also banged on the doors of the bus, asking the driver to stop the bus. As the bus started very speedily, the rear wheel of the bus ran over the deceased on her body. After crossing 100 feet, the driver stopped the bus and both the petitioners ran away from the place of accident. The deceased fell unconscious.

(3.) On information P.W. 5 Kesarinathan, Sub-Inspector of police, came to the spot and arranged the victim to be sent to Government Hospital. On examination of the deceased, P.W. 4 Dr. Swaminathan, declared dead and sent Ex. P. 6 death intimation to police station. On receipt of Ex. P. 6, P.W. 5 Sub-Inspector of police went to Government Hospital, Myladuthurai and recorded the statement of P.W. 1 John Christian Vasu, Ex. P. 1. He then returned to the Police Station and registered the case in Cr. No. 832 of 1987 under S. 304, I.P.C., against both the revision petitioners and again went to the place of occurrence. P.W. 5 Sub-Inspector of police prepared Ex. P. 2 observation mahazar and Ex. P. 7 rough sketch attested by P.W. 2 Mugaidoon. He recovered from the place of occurrence, M.O. 1 series one pair of rubber chappel under Ex. P. 3 mahazar. After examining some more witnesses and receiving Ex. P. 4 report from P.W. 3 Anandan, Motor Vehicle Inspector and Ex. P. 9 post-mortem certificate and completion of investigation he filed charge-sheet against the revision petitioners under S. 304 A, I.P.C.