THIYAGARAJAN Vs. STATE

JUDGEMENT

(1.) THE petitioner was convicted by the learned Judicial Magistrate No.V, Vellore in C.C.No.18 of 2003 for the offences under Sections 279, 338 and 304 A of IPC and he was sentenced to under go one year rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months for the offence under Section 304-A of IPC; to pay a fine of Rs.750/- in default to under go one month simple imprisonment for the offence under Section 338 of IPC and no sentence was awarded for the offence under Section 279 of IPC and the siad conviction and sentence were confirmed by the learned Principal Sessions Judge in Criminal Appeal No.72 of 2005. Against the said conviction and sentence, the petitioner has preferred this revision.

(2.) THE case of the prosecution is that on 8.9.2002 at about 9.00 p.m, when PW3 was going along with his friend near the Court campus road, a lorry which was coming in the opposite direction, hit against the TVS 50 vehicle and both the deceased and the pillion rider fell down. Both the deceased and PW3 were immediately taken to the hospital, but the deceased succumbed to the injuries on the way to the hospital. THE complaint given by PW1 is Ex.P1. PW3 sustained grievous injuries and Ex.P7 is the wound Certificate. PW9 is the Doctor, who conducted autopsy on the deceased Ravi and Ex.P4 is the post-mortem report.

(3.) LEARNED Government Advocate (Criminal side) submitted that PW3, who has accompanied the deceased has clearly stated in his evidence that the TVS 50 vehicle was going only on the left side of the road and the lorry came in a high speed and only the lorry, which made an attempt to overtake another lorry had dashed the vehicle driven by the deceased.