D SELVARAJ Vs. STATE

JUDGEMENT

(1.) THE driver of a passenger bus belonging to Tamil Nadu Transport Corporation which met with an accident on 24.07.1999 at about 07.00 p.m. at Keezh Bhuvanagiri, after having been prosecuted, found guilty, convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,000/- in default sentenced to undergo two months simple imprisonment for an offence punishable under Section 304(A) IPC by the trial Court namely the District Munsif-cum-Judicial Magistrate, Parangaipettai in C.C.No.27 of 2000 and after unsuccessfully prosecuting an appeal in Crl.A.No.97 of 2005 before the Additional District Judge (Fast Track Court No.I), Cuddalore at Chidambaram has come forward with the present criminal revision case.

(2.) A case was registered based on the complaint of PW1on the file of Bhuvanagiri Police Station in Cr.No.295 of 1999 for an alleged offence punishable under Section 304(A) IPC. The allegations found in the complaint are to the effect that on 24.07.1999 at about 07.00 p.m. the passenger bus bearing Registration Number TN 32N 1136 was driven by the petitioner/accused from east to west on Chidambaram to Cuddalore Main Road in a rash and negligent manner as a result of which the said bus dashed against the deceased Ravi who was proceeding in his bicycle in the opposite direction keeping the left side (eastern side) of the road; that due to the said impact the said Ravi sustained grievous injuries on the head and other parts of the body; that PW1 and others took him in an autorickshaw to the Government Hospital, Chidambaram where he was declared dead by the Medical Officer and that thereafter PW1 went to Bhuvanagiri police station and lodged a complaint in writing which has been marked as Ex.P1. PW11- the Inspector of Police, Bhuvanagiri Police Station, took up the investigation, visited the spot, prepared the observation mahazar and rough sketch, examined the witnesses, conducted inquest, collected post mortem report and the report of the Motor Vehicle Inspector and after completion of investigation, submitted a final report alleging that the petitioner/accused had committed an offence punishable under Section 304(A) IPC. The same was taken on file by the District Munsif-cum-Judicial Magistrate, Parangipettai as C.C.No.27 of 2000. After appearance of the petitioner/accused necessary charge under Section 304(A) IPC was framed. The petitioner/accused, pleaded not guilty. Hence, the trial was conducted in which eleven witnesses were examined as PW1 to PW11 and ten documents were marked as Ex.P1 to Ex.P10 on the side of the prosecution. After completion of evidence on the side of the prosecution, the incriminating materials found in the evidence adduced on the side of the prosecution were brought to the notice of the petitioner/accused in the form of questionnaire under Section 313 Cr.P.C. The petitioner/accused denied the said evidence to be false and once again pleaded not guilty. No witness was examined and no document was marked on the side of the petitioner/accused .

(3.) THE accused in C.C.No.27 of 2000 on the file of the learned District Munsif-cum-Judicial Magistrate, Parangipettai who was prosecuted for an offence punishable under Section 304(A) IPC and convicted for the same is the present revision petitioner. THE order of conviction recorded and the sentenced imposed by the trial Court were confirmed in appeal by the Additional District and Sessions Judge (Fast Track Court No.I), Cuddalore at Chidambaram in Crl.A.No.97 of 2005.