KOMBAIYA Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision Case is directed against the judgment passed by the additional District and Session Judge, Fast Track Court No. II, Tuticorin, dated 08. 04. 2008, in C. A. No. 116 of 2007 modifying the conviction and sentence imposed on the petitioner by the learned Judicial Magistrate No. 1, Kovilpatti, Tuticorin dated 21. 08. 2007 made in C. C. No. 251 of 2004.

(2.) THE case of the prosecution briefly stated is as follows: P. W. 1-Muthupandi, p. W. 2-Veyilumuthu and P. W. 3-Muthupandi were working as loadmen. On 24. 09. 2003 at about 5. 30 p. m. when they were traveling in the lorry bearing registration no. TCT-7484 along with Vellaichamy, Chelladurai and Poolpandi, the lorry was driven by the accused in a rash and negligent manner in between Nachiarpuram and gopapuram and capsized the lorry, as a result of it P. W. 1, Chelladurai, poolpandi and Vellaichamy were buried in the sand and P. W. 2 and 3 sustained injuries. Chelladurai and Poolpandi died on the spot and Vellaichamy died after some time. The said lorry belonged to P. W. 13-Meeran Mohaideen.

(3.) AFTER the occurrence, P. W. 1 gave a complaint Ex. P. 1 to the Police. On receipt of the complaint P. W. 21-Subbiah, Head Constable registered a case in crime No. 124 of 2003 under Sections 279, 337, 338 and 304 (4) I. P. C. Ex. P. 10 is the printed F. I. R. He sent Ex. P. 10 to the Judicial Magistrate and the copies to the higher officials.