NATESAN Vs. STATE

JUDGEMENT

(1.) THE petitioner was convicted under Sections 304a and 337, Penal Code and sentenced to rigorous imprisonment for one year under the former section, by the Sub Divisional Magistrate of Ulundurpet No separate sentence was awarded under Section 337, Penal Code. On appeal the Sessions Judge, South Arcot confirmed the conviction and sentence.

(2.) THE prosecution case is briefly this. On the night of 17. 9. 1965 at about 3 a. m. P. Ws. 1, 2 and 3 were traveling in two carts laden with manure leaves from Sathanur towards Ulundurpet through the G. S. T. Road proceeding from south to north. P. W. 1 was driving the first cart and the deceased Samikannu and another person ware sitting on the top of the leaves in that cart which was followed by the cart driven by P. W. 2 in which P. W. 3 and another person wore seated on the top of the leaves. The lorry MDS 6721 driven by the petitioner was coming behind the two carts and suddenly dashed against the cart driven by P. W. 2 and then against the other cart. The occupants of both the carts were thrown out. Samikannu and three bulb died. The other occupants were injured. The lorry stopped after proceeding some distance north wards and after hitting against a tree on the left side of the rand. The petitioner appeared at the Ulundurpet police station at 5 a. m. and reported the occurrence to P. W. 6, the Head constable, who recorded Ex. P. 6 statement from him.

(3.) THE learned Counsel appearing for the petitioner, Sri Mohan Kumaramangalam does not dispute the finding of the lower appellate Court that due to the negligent driving of the driver of the lorry, Samikannu and the three bulls were killed and P. Ws. 1 to 3 were injured. But his contention is that there is no acceptable evidence that the petitioner drove the lorry at the time of the accident. The prosecution witnesses were unable to say as to who drove the lorry at the time of the accident as it was dark. The prosecution relied on Ex. P. 6, the statement given by the petitioner in which he stated as follows: I am a resident of Namakkal. On the night of 16. 9. 1965, at about 9 p. m. I was driving the lorry MDS 6721 on hire from Namakkal loaded with paper rolls and was transporting it to Hindu Co. On the way to Madras in G. S. T. Road at about 4 a. m. while I was coming at a distance of about 3 miles, south of Ulundurpet, two double bullock carts were going in front of me I sounded horn. They turned the aforesaid carts towards the right side. When I also turned light side, to overtake them, the aforesaid lorry dashed against the a fore said cart that was going behind and the cart got crashed and one of the bullocks tied to it died. The person who was in the front cart, also died. Others also received injury. I got frightened and went straightaway to the police station. He has admitted in this statement that he was taking the lorry and at about 4 a. m. , he haw two carts going ahead, that he blew the horn and that the cartmen turned their carts towards right and the lorry dashed against the carts going behind, with the result that the man in the cart and one bull died.