PARAMASIVAM Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Revision has been filed challenging the judgment made in C.A.No.71 of 2009 on the file of the Additional Sessions Judge-cum-Special Court for EC Act Cases, Thanjavur, dated 08.03.2010 modifying the conviction and sentence imposed by the Judicial Magistrate No.3, Thanjavur, in C.C.No.68 of 2007, dated 19.10.2009.

(2.) The case of the prosecution is that on 16.03.2006 at 23.00 hours at Thanjavur Medical College near Ganapathy Nagar , AVM Furniture Mart, the accused drove the bus TN-49-N-0817 in a rash and negligent manner and hit against the Hero Honda Motor Cycle, which was driven by Alagu Sundaram, while Ganesan travelling as a pillion rider. In that process, both the rider and pillion rider of the motor cycle died on the spot. The Inspector of Police, attached to Traffic Investigation East Police Station, Thanjavur has filed a final report under Section 304(A) IPC (2 counts) against the accused.

(3.) In the trial court, 13 witnesses were examined and 11 Exhibits were marked. When the accused was questioned about the incriminating circumstances, he denied the same. The trial court convicted the revision petitioner/sole accused and sentenced him to suffer one year RI for each count under Section 302(A) IPC ( 2 counts) and to pay a fine of Rs. 1000/-, for each count, in default to to suffer 6 months SI. Aggrieved by the conviction and sentence passed by the trial court, the revision petitioner filed an appeal in C.A.No.71 of 2009, which was heard by the Additional Sessions Judge-cum-Special Court for EC Act Cases, Thanjavur. The first appellate Court modified the conviction and sentence into 6 months of RI for each count. Hence, this criminal revision.