VELLAYAN Vs. STATE

JUDGEMENT

(1.) The petitioner / accused has filed this revision challenging the Judgment, dtd. 25/5/2009, made in C.A.No.1 of 2009, on the file of the learned Additional District and Sessions Judge, Fast Track Court, Dindigul, confirming the Judgment, dtd. 24/12/2008, made in C.C.No.174 of 2007, on the file of the learned Judicial Magistrate, Nilakkottai, convicting and sentencing him to undergo one year simple imprisonment and to pay a fine of Rs.2,000.00, in default to undergo one month simple imprisonment, for the offence under Sec. 304-A I.P.C.

(2.) The case of the prosecution is that on 5/3/2007, at about 08.00 a.m., when the deceased Perumal was riding his bicycle in Nilakkottai ? Madurai Main Road, near Kariampatti Junction, a bus bearing registration No.TN59 MD3083, belonging to a private operator, namely, P.R.P. and coming from Kariampatti Junction, from northern side towards southern side, was driven by the petitioner / accused at a high speed and without blowing horn, had dashed against the deceased Perumal, thereby he had fallen down and the right side rear wheel of the bus had gone over him, thereby, the victim had sustained a lacerated wound on his forehead, injuries on his lower abdomen and legs and succumbed to the injuries.

(3.) With regard to the said accident, P.W.1, who is the brother of the deceased, had lodged a complaint / Ex.P1 and based on the said complaint, P.W.10 had registered a case in Crime No.140 of 2007 under Sec. 304-A I.P.C. After conducting a thorough investigation into the matter, P.W.11 had filed charge sheet against the petitioner / accused, who is the driver of the bus, for the offence under Sec. 304-A I.P.C., before the learned Judicial Magistrate, Nilakkottai, who had taken cognizance of the same in C.C.No.174 of 2007.