LAWS(MAD)-2018-10-151

M MUTHU Vs. STATE THROUGH INSPECTOR OF POLICE

Decided On October 09, 2018
M Muthu Appellant
V/S
STATE THROUGH INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The revision petitioner M.Muthu found guilty of offence under Section 304-A IPC by the Courts below.

(2.) On 02.07.2007 at about 05.30 p.m., while the minor girl Kanchana, daughter of M.Pandian riding her bicycle along Aruppukottai S.B.K. College Road near P.K. Boys Higher Secondary School, the revision petitioner driving of the lorry from west to east carrying LPG cylinders, rash and haphazardly hit the bicycle and run over the girl causing death. Her parents PW-1 and PW- 2 who were following the deceased girl in another bicycle witnessed the accident. Relying upon the ocular evidence of Pandian(PW-1) and Sundarammal (PW-2) and the post-mortem certificate (Ex.P-12), the Courts below have held the guilty of the accused proved beyond doubt.

(3.) The learned counsel appearing for the revision petitioner contends that except PW-1 and PW-2 who are father and mother of the deceased girl, no other witnesses alleged to have seen the accident to support the case of the prosecution. They were treated as hostile witnesses. Solely based on the interested witnesses, the Courts below had convicted the revision petitioner.