NARAYANAN Vs. STATE

JUDGEMENT

(1.) THIS revision case is directed against the judgment of the lower appellate Court, confirming the conviction and sentences imposed on the accused, a lorry driver, for offences under Secs.304 -A, 337 and 338 of the Indian Penal Code.

(2.) THE revision petitioner, a lorry driver, was driving a lorry bearing registration No. T.N.I 3690 in the night of 15.8.1981. The lorry was loaded with stones and the driver of the lorry had also taken on the top of the lorry 11 persons working in the quarry. When the lorry was plying on Senthuroyan Pudur in Tirunelveli District, another vehicle was coming in the opposite direction. The lorry swerved and capsized. The persons travelling on the top of the lorry were thrown away, as a result of which, three of them died three others sustained grievous injuries, three others sustained simple injuries and two others sustained minor injuries. In this case, the injured persons have given evidence as P.Ws.2 to 9.

(3.) IN the result, the convictions are confirmed and the sentences of imprisonment are set aside. The revision petitioner shall pay an additional fine amount of Rs.2,000 within four months from the date of intimation to the accused -petitioner by the trial Court of this order, failing which he shall undergo simple imprisonment for six months. Barring the above modification in the sentence, the criminal revision case is dismissed.