KARTHIKEYAN Vs. STATE

JUDGEMENT

(1.) THIS revision has been preferred against the judgment in C. A. No. 151 of 2004 on the file of the Principal Sessions Judge, Vellore, which had arisen against the judgment in STC. No. 667 of 2002 on the file of the Judicial Magistrate, Gudiyatham. The accused has been charged under Section 304(A) IPC. Both the courts below have held that the accused is guilty under Section 340(A) IPC and convicted. The trial Court has sentenced the accused to undergo 6 months SI, which was confirmed by the first appellate Court, which necessitated the accused to prefer this revision.

(2.) AFTER taking cognizance of the offence, the learned Judicial Magistrate has issued summons to the accused and on his appearance copies under Section 207 of Cr. P. C. , were furnished to the accused and when the offence was explained to the accused, the accused pleaded not guilty. Before the trial Court, P. W. 1 to P. W. 9 were examined and Ex. P. 1 to Ex. P. 7 were marked.

(3.) P. W. 3 is the mother of the victim boy, who was also present at the time of the occurrence at the left side of the road. According to her, the accident had occurred only due to the negligence of the accused.