SHANMUGASUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) - Mr. Shanmugasundaram the petitioner herein was convicted for the offences punishable under Sections 304-A and 279 of the Indian Penal Code and sentenced to undergo the rigorous imprisonment for one year and one month respectively by the learned trial Judge. In the appeal, the sentence for the offence under Section 279 I.P.C was set aside and the file ://D :\Prograrn Files\Crirnes\database\aa\aa\cmo 1998-4 (440 of 1995) .htrn 8/10/2006 sentence of rigorous imprisonment for one year under Section 304-A I.P.C. was modified into a fine of Rs. 5000/-, in default, to undergo rigorous imprisonment for six months.

(2.) This revision is against the findings given by both the Courts below.

(3.) The Case of the prosecution is this: On 2-2-1994, at about 8.30 A.M., the victim Gandhiammal, aged about 15 years, was standing at the left side of the mud road waiting for the bus. At that time, the petitioner being the driver on Annai Sathya Transport Corporation drove the bus bearing Registration No. T.N. 29, No. 0458 at a great speed and hit against the victim and the bus remover the body of the victim and caused her death on the spot.