PARTHASARATHY Vs. STATE

JUDGEMENT

(1.) THIS is a Revision Case sought to be preferred against the convictions and sentences by the learned Sub Divisional Magistrate, Cheyyar, in C.C. No. 183 of 1957 which convictions were confirmed tint the sentences reduced by the learned Sessions Judge of North Arcot at Vellore in C. A. No. 98 06 1957.

(2.) THE case for the prosecution is that the accused, motor driver, drove the bus MDJ 1122 on 28 -8 -1957 at 10 -30 a.m. in Pernamallur village causing thereby the death of two children and injuries to two other persons, P.Ws. 3 and 5.

(3.) HOW this incident took place was in this wise. In front of the shop of Perumal Chetti, P.W. 3 one of the injured and surviving was making images of Sri Ganesa, that being Vinavaka Chathurthi day. A group of children were around him witnessing the making of these images. P.W. 5, the other injured man, was sitting on the pial of the shop of Perumal Chetti. Then at that juncture, viz., at about 10 -30 a.m. the bus ran over two children who were around P.W. 3 and who subsequently died of the injuries caused to them. P.Ws. 3 and 5 were also injured. It is unnecessary to describe the injuries in detail because there is no dispute that as a result of this tragic occurrence injuries were caused to P.Ws. 3 and 5 and to the two dead children.