SANKARA PANDIAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed, against the order the order dated 01.12.2015, made in Crl.A.No.84/2011, by the Principal Sessions Judge, Kancheepuram at Chengalpattu, confirming the conviction and sentence by order dated 25.11.2011, made in C.C.No.348/2003, by the learned Judicial Magistrate No.1, Chengalpattu.

(2.) The brief facts of the prosecution case is that the petitioner is the driver of the Government Bus bearing registration No.TN01 6448 and on 01.02.2003, at about 7.00 p.m., the petitioner within the jurisdiction limit of Padalam Police Station on North half of GST Road from Madhuranthagam to Chengalpattu from the South to North direction, driven the Government Bus in a rash and negligent manner and due to which, he lost control, resulting in the bus swirled to the extreme end of the road and fallen inside a road side pit and got capsized, resulting in 19 passengers sustaining simple injuries and 3 passengers sustaining grievous injuries and one passenger succumbing to the injuries and also caused damages to the bus. Based on the complaint given by P.W.1/Rajaiyar, the respondent police registered a case in Crime No.31/2003, for the offences under Sections 279, 337, 338 and 304 (A) of IPC. Thereafter, during the course of the investigation, the FIR was altered and thereafter, final report was filed for the offences under Sections 279, 337 (19 counts), 338 (3 counts) and 304 (A) (1 count) of IPC. The case was taken up in C.C.No.348/2003, and on appearance of the petitioner/accused and after furnishing copies of the documents under Section 207 of Cr.P.C., the Trial Court had questioned the petitioner/accused and he denied the charges and sought to be tried.

(3.) On the side of the prosecution 14 witnesses were examined as P.W.1 to P.W.14 and 48 documents were marked as Ex.P.1 to Ex.P.48 and on the side of the defence no evidence was let in. After completion of evidence, the petitioner/accused was questioned under Section 313 of Cr.P.C. The petitioner/accused denied the charges and the Trial Court, after hearing both sides, found the accused guilty for the offences under Sections 279, 337 (19 counts), 338 (3 counts) and 304 (A) (1 count) of IPC and sentenced the petitioner to undergo Six Months Rigorous Imprisonment for the offence under Section 279 of IPC and to undergo One Month Rigorous Imprisonment for the offence under Section 337 (19 counts) of IPC and to undergo Three Months Rigorous Imprisonment for the offence under Section 338 (3 counts) of IPC and to undergo Two Years Rigorous Imprisonment for the offence under Section 304(A) of IPC and directed the petitioner/accused to undergo the sentences concurrently. However, no fine was imposed. The petitioner/accused filed Crl.A.No.84/2011, before the Principal Sessions Judge, Kancheepuram District at Chengalpattu, the Appellate Court by Judgment dated 01.12.2015, had dismissed the appeal and confirmed the Judgment of conviction and sentence passed by the Trial Court. As against the same, the present revision petition has been filed.