S BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision has been preferred by the petitioner / accused against the Judgment dated 24.08.2004, made in C.A.No.8 of 2004 on the file of the learned Sessions Judge, Nilgris at Uthagamandalam, confirming the conviction, but modifying the sentence, dated 12.02.2004, passed in STC No.356 of 2001, on the file of the learned Judicial Magistrate, Coonoor.

(2.) THE short facts of the prosecution case are as follows: On 21.08.2001, at about 8.25 a.m., when P.W.1 and his wife, the deceased were proceeding in a two wheeler, bearing Registration No. TN 43 A 2941, the appellant / accused, drew the bus, bearing Registration No.TN 38 N 0626 belongs to the Tamil Nadu Transport Corporation in a rash and negligent manner and caused the motor accident, due to which, the wife of P.W.1, Nangamani, pillion rider was thrown out of the vehicle and sustained injuries, she was immediately taken to the Government Hospital, where she breathed her last. THE respondent police, registered a case against the appellant / accused in Cr.No.83 of 2001 under Sections 279 and 304 (A) IPC. In support of the prosecution case, P.W.1 to P.W.14 were examined, apart from marking Ex.P.1 to Ex.P.10. Considering the oral and documentary evidence, the trial court convicted and sentenced the accused under Section 279, imposed a fine of Rs.500/- and in default to pay the fine amount, he should undergo 3 months S.I. and under Section 304 (A) IPC, imposed a fine of Rs.5,000/- and in default to undergo 6 months S.I.. Against which he preferred an appeal and the appellate court, confirmed the conviction, but modified the default sentence under section 297 IPC from 3 months S.I. to 1 month S.I. Aggrieved by the same, the revision petitioner / accused has preferred this criminal revision.

(3.) VEERASAMY vs. State (1990 LW. (cri) 225)