SENGOTTAIYAN Vs. STATE BY THE INSPECTOR OF POLICE, TIRUCHENGODE TOWN POLICE STATION, CRIME NO. 733 OF 2005 NAMAKKAL DISTRICT

JUDGEMENT

(1.) Aggrieved over the conviction imposed in the judgement dated 18.02.2011 made in C.A.No. 73 of 2009 on the file of the Principal Sessions Court, Namakkal confirming the conviction imposed in the judgement dated 25.08.2009 made in C.C.No. 685 of 2005 on the file of the Judicial Magistrate, Tiruchengode sentencing him to undergo six months simple imprisonment along with fine of Rs. 1000/- in default to undergo one month simple imprisonment, for each count, for the offence under section 304-A IPC (2 counts), the present revision has been filed.

(2.) Brief facts of the prosecution case is as follows : On 01.11.2005, at about 8.00 p.m., the deceased, namely, Rajkumar and Hemanth came to P.W.1's house in eve of Deepavali. Thereafter, they left P.W.1's house at about 8.00 p.m towards Erode in a motor cycle bearing registration No.TN 33 AA 7900 P.W.1 also followed them in another motor cycle. At that time, the accused had driven TN 28 S 2170 Mahendra Van in a rash and negligent manner from Erode towards Tiruchengode and dashed against the two wheeler driven by the deceased Rajkumar. As a result, both Rajkumar and Hemanth were thrown out and sustained serious injuries and both of them succumbed to the injuries later. Therefore, P.W.1 lodged Ex.P.1 report with P.W.8.

(3.) P.W.8, on receipt of the report from P.W.1, registered a crime in the First Information Report under Ex.P.4. P.W.2 to 4 also heard about the occurrence. In fact, P.W.3 came to the spot and found the injured lying in the place of occurrence. P.W.7 and 9 Doctors conducted autopsy over the dead body of the deceased Rajkumar and Hemanth and had opined that their death was due to the injuries sustained by them in the accident and in respect of which the postmortem certificates Ex.P.3 and Ex.P.5 have been given. P.W.10, the Motor Vehicle Inspector has also examined the vehicle and issued Ex.P.6 report to the effect that there was no technical fault in the vehicle driven by the accused. P.W.11, the Investigation Officer examined the witnesses and recorded the statement of witnesses and filed charge sheet against the accused for the offences under sections 279 and 304(A) (2 counts) IPC.