SIVALINGAM Vs. STATE

JUDGEMENT

(1.) THE brief facts of the prosecution case are as follows: On 10. 6. 1978 at about 2-15 p. m. the accused who was the driver of the town bus TNF. 5076 was proceeding from Madras to Vellore and at alamelumangapuram while overtaking a milk van hit against one Raju and a Samiar (an unknown Sanyasi) and they died. THE bus also hit against P. Ws. 3 and 5 who sustained injuries. THE accused thereupon appeared before the Vellore Taluk police Station and gave the complaint Ex. P12 to the Head Constable. A case was registered. P. W. 11 Inspector took up investigation. He Inspected the scene place, prepared the observation mahazar, Ex. P9 and drew the rough sketch Ex. P8. He held inquest over the dead bodies. Exs. P10 and P11 are the inquest reports. P. W. 8 Motor vehicles Inspector inspected the vehicle TNF. 5076 and certified under Ex. P3 that the accident was not due to any mechanical defect P. Ws. 6 and 7 are the medical officers who conducted autopsy on the dead bodies of Raju and the Samiar and issued Exs. P1 and P2, post-mortem certificates respectively. P. W. 9 Medical Officer examined P. W. 3 and issued Ex. P4 wound certificate. P. W. 10 examined one Subramaniam and issued the certificate Ex. P5. P. W. 10 also examined one Abdul Kaleen and issued the wound certificate Ex. P6. He also examined one murugan (not examined) and issued the wound certificate Ex. P7. THE Doctors were of the opinion that those injuries could have been caused due to hitting by bus. P. W. 11 laid charge-sheet after completing investigation.

(2.) THE plea of the accused is one of denial and no witness was examined on his side. THE trial Magistrate for the reasons assigned in his judgment convicted and sentenced the accused as aforesaid. THE accused was unsuccessful before the appellate Court. Hence this revision.