RAMESH Vs. STATE

JUDGEMENT

(1.) THIS revision has been preferred against the judgment in C. A. No. 127 of 2004 on the file of the Additional Sessions Judge, Salem, which had arisen against the judgment in C. C. No. 100 of 2003 on the file of the Judicial Magistrate No. II, Attur, Salem. The accused was charged under Section 304(A) IPC (2 counts) and 337 IPC.

(2.) THE case of the prosecution is that on 4. 10. 2001 at about 11. 00 pm the injured P. W. 2 along with his friends Suresh and Murugan were traveling in TVS-50 from North to South on the Kandasamy Pudur Malliyakari " Thammapatti Road, the accused who came from the opposite direction in the lorry bearing registration No. TN-59 E 8941 in a rash and negligent manner dashed against the TVS-50, in which P. W. 2 and other deceased were proceeding, causing instantaneous death to Suresh and Murugesan and grievous injury to P. W. 2.

(3.) P. W. 2 is an injured in the accident. According to him, on the date of occurrence at about 11. 00 pm he along with Murugesan and Suresh were proceeding in TVS-50 from north to south on the extreme left side of the road and that at the time of occurrence TVS-50 was stopped and he was attending to call of nature and at that time the lorry which came in the opposite direction driven by the accused in a rash and negligent manner dashed against the TVS-50 causing instantaneous death to Suresh and Murugesan and he had sustained grievous injury on his right leg and that he has lost three teeth in the lower jaw.