AYYANAMURTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE judgment passed in C. A. No. 7 of 2003 on the file of the Principal Sessions Judge, Nagapattinam, is under challenge in this revision. The accused is a driver in Tamil Nadu Transport Corporation bus. On 5. 9. 1998 at about 10. 00 am, the accused while driving the State transport Corporation bus bearing Registration No. TN-29-N-0491 from Nagapattinam to Tiruvarur in a rash and negligent manner while overtaking another bus proceeding in front of him had dashed against a tree on the right side of the road causing injuries to P. W. 1-Aruldass, a passenger in the said bus at that time. The accused has been charged under Sections 279 and 338 IPC.

(2.) THE learned Judicial Magistrate, after taking cognizance of the offence, took the case on file as STC. No. 1061 of 2002 and issued summons to the accused. On appearance of the accused, the learned Judicial Magistrate has furnished copies under Section 207 of Cr. P. C, and when charges were framed and questioned, the accused pleaded not guilty. Before the trail Court, P. W. 1 to P. W. 9 were examined and Ex. P. 1 to Ex. P. 7 were exhibited. No material objects marked.

(3.) P. W. 1 is the injured Aruldass. According to him, the accident had occurred 2 kms away from Kilvaur at the Tiruvarur Nagapattinam main road while he was proceeding in the said Tamil Nadu State Transport Corporation bus bearing registration No. TN-29-N-0491. According to him, he was sitting on the rear side of the bus along with his family and that the driver of the bus, the accused herein, while overtaking another bus which was proceeding in the same direction, had driven the bus rashly and negligently and dashed against the tree which was standing on the right side of the road resulting grievous injuries on his right upper hand and that he had preferred Ex. P. 1-complaint, after he was discharged from the hospital.