V GNANAMURTHY Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed against the judgment in Crl.A.No.15 of 2010 dated 11.08.2011, on the file of the Pinciple District and Sessions Judge, Coimbatore, confirming the judgment of the Judicial Magistrate No.VIII, Coimbatore, convicting the petitioner for an offence under Section 279 and 304 (A) (2 counts) and under Section 134 (a)(b) r/w 187 of the Motor Vehicle Act, and sentenced to undergo 3 months Simple Imprisonment for an offence under Section 279 IPC, 1 year Simple Imprisonment on each count for the offence under Section 304 (A) and 1 month Simple Imprisonment for the offence under Section 134 (a)(b) r/w 187 of the Motor Vehicle Act, and to pay a total fine of Rs. 2000/-.

(2.) The case of the prosecution is that on 16.11.2006 at about 9.30 a.m. at Coimbatore Ganapathy Thudialur Road, near Holy Trinity School, the petitioner who was driving a Tipper Lorry from south to north due to his rash and negligent driving, dashed at a two wheeler which was going at the left hand side of the road, as a result of which the driver and the pillion rider were thrown out of the vehicle and the front tyre of the Tipper Lorry ran over them as a result of which both of them died on the spot.

(3.) This incident was witnessed by PW-3, PW-4, PW-7 and PW-8. This incident was informed to the respondent Police who came to the scene of occurrence and took the statement of PW-8 and reduced it into a complaint [Ex.P-2]. Based on the complaint, an FIR was registered [Ex.P-6] by the Sub Inspector of Police and he prepared the Observation Mahazar and Rough Sketch [Exs.P-1 & P-7] in the presence of witness PW-5. Thereafter, the bodies of the deceased persons were sent to post mortem after identifying the bodies through PW-6. PW-9 was the doctor who conducted the post mortem and her report was marked as Exs.P-8 and P-9.