S SENDHILKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order passed by the Fast Track Judge, Dindigul, dated 23.11.2009 made in C.A.No.81 of 2008, confirming the order, dated 28.11.2008 made in C.C.No.22 of 2007 on the file of the Principal District Munsif-cum-Judicial Magistrate, Natham.

(2.) The case of the prosecution is that on 24.06.2006 at about 09.15 pm, on Natham-Dindigul Road near Natham Government Hospital, the accused drove the lorry TN-32-A-1899 in a rash and negligent manner and hit against the two wheeler TN-67-B-8455. In that process, both the rider and pillion rider of the motor cycle sustained injuries and the pillion rider of the motor cycle sustained grievous injury, while the pillion rider of the two wheeler died on the spot. The Sub Inspector of Police, attached to Natham Police Station has filed a final report under Section 304(A) IPC against the accused examining the witnesses.

(3.) In the trial court, on the side of the prosecution, 9 witnesses were examined and 9 Exhibits were marked. On the side of the accused one witness was examined and no document was marked. When the accused was questioned about the incriminating circumstances, he denied the same. The trial court convicted the revision petitioner/sole accused for the offence under Section 304(A) IPC and sentenced him to undergo 6 months SI and to pay a fine of Rs.2,000/-, in default to undergo 2 months SI. Aggrieved by the judgment passed by the trial court, the revision petitioner/accused filed an appeal in C.A.No.81 of 2008, which was heard by the Fast Track Court, Dindigul. The first appellate Court confirmed the findings of the trial court. Hence, this criminal revision.