PRABHU Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment, dated 07.11.2008 made in Crl.A.No.8 of 2008 on the file of the I Additional District Sessions Judge (PCR), Thanjavur.

(2.) The case of the prosecution is that on 08.03.2005 at about 2.30 am, the accused drove the lorry TN-33-Z-1440 and after loading bricks from Thirukkattupalli towards Pattukkottai, when the lorry nearing Soorakottai, the lorry was hit against the right side palmyra tree and capsized. In that process, the persons travelling in the lorry as load-men sustained injuries and one Muthuvel died on the spot. The Inspector of Police, attached to Thanjavur Taluk Police Station has filed a final report under Sections 279, 337 and 304(A) IPC against the accused examining the witnesses.

(3.) In the trial court, 10 witnesses were examined and 14 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 for the offences under Sections 337 IPC (3 counts) and 304(A) IPC and sentenced him to pay a fine of Rs.500/-, each, in default to undergo SI for 3 weeks each for the offence under Section 337 IPC (3 counts) and sentenced him to undergo one year SI and to pay a fine of Rs.2,000/-, in default to undergo 2 months of SI. The accused was also found guilty under Section 279 IPC, but no sentence was imposed.