D INCENT RANI Vs. V SUNDARAMOORTHY

JUDGEMENT

(1.) THIS appeal has been filed against the Judgment in S. T. C. No. 1547 of 1998 on the file of the Court of Judicial Magistrate, Udumalpet. The complainant in S. T. C. No. 1547 of 1998 is the appellant herein.

(2.) A complaint has been preferred under Section 200 Cr. P. C. for an offence under Section 304 (A) IPC. Soon after the occurrence, P. W. 1 the wife of the deceased in the accident had preferred Ex P1 complaint on 27. 8. 1997. Since the police have referred the case as 'mistake of fact' as evidenced by Ex D2,the complainant has preferred the private complaint.

(3.) THE facts in brief as narrated in the complaint are that the complainant's husband Devamanoharan was working as a clerk in Sainik School, Amaravathi Nagar and that on 27. 8. 1997 at about 8. 00 a. m. , the complainant's husband Devamanoharan was riding on his scooter bearing Registration No. TN 41-B-2959 to his office carrying his minor son and P. W. 1 (wife) in the pillion seat. When the complainant's husband was nearing the guest house, the accused came from the opposite direction in his scooter dashed against the scooter of the complainant's husband resulting the complainant falling down from the scooter sustaining grievous injuries. Immediately, the complainant's husband was taken to Sainik School Hospital from where they referred her husband to Government Hospital, Udumalpet,where after giving first aid and since the doctor's in the Government hospital were on strike, P. W. 1 took her husband to a private hospital and since the condition of her husband was serious, by then on the advise of the doctor of the private hospital, she took her husband to C. M. C. Hospital, Coimbatore and on the way to C. M. C. Hospital, her husband breathed his lost. Immediately she preferred a complaint with the police which was registered under Crime No. 207 of 1997 but without proper investigation, the said complaint was referred by the police as 'mistake of fact'.