R SHANMUGAM Vs. STATE

JUDGEMENT

(1.) (This Revision is filed against the order passed by Additional Sessions Judge (Fast Track Court -2) Gobichettipalayam in C.A.No.257 of 2004 dated 22.3.2005 modifying the Judgment dated 22.11.2004 made in C.C.No.86 of 2000 on the file of the Judicial Magistrate No.II, Gobichettipalayam.) This revision has been preferred against the order passed in C.A.No.257 of 2004 on the file of the Court of Additional Sessions Judge(Fast Track Court-2) Gobichettipalayam.

(2.) THE case of the prosecution in brief relevant for the purpose of deciding this revision is as follows: On 19.4.1999 at about 4.10p.m., the accused was driving a Government Bus bearing Registration No.T.N.33/N 0737 in a rash and negligent manner dashed against one Palanisamy who was riding TVS 50 bearing Registration No.36/B-2916 at the time of accident, resulting his instantaneous death and causing injury to the pillion rider Lakshmi, the wife of Palanisamy and she also found dead and the complaint preferred by Dhanraj(P.W.2) who is the eye witness to the said occurrence.

(3.) WHEN incriminating circumstances were put to the accused, he denied his complicity with the crime. After going through the oral and documentary evidence, the learned trial Judge has found that the accused guilty under Section 304(a) IPC and convicted and sentenced to undergo one year rigorous imprisonment and a fine of Rs.1000/- under each count with default sentence. Aggrieved by the findings of the learned trial Judge, the accused had preferred an appeal in C.A.No.257 of 2000 before the Additional Sessions Judge(Fast Track Court-2) Gobichettipalayam, Erode. The learned Sessions Judge, after going through the evidence and also giving due deliberation to the submissions made by both counsel has dismissed the appeal thereby confirming the conviction with modification of sentence. The first appellate Court has reduced the sentence from one year to three months in each count without altering the fine amount imposed by the trial Court. Hence the revision.