J. PUGALENDHI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment, dtd. 17/2/2015 passed by the II Additional District and Sessions Judge, Thanjavur, in Crl.A.No.74 of 2014, confirming the judgment of the Judicial Magistrate No.II, Thanjavur, in C.C.No.18 of 2008, dtd. 18/11/2014.

(2.) The case of the prosecution is that on 23/10/2007 at about 3.30 am, the accused drove his vehicle from Madurai to Thanjavur and while he was coming near Thirukanurpatti on Thanjavur-Pudukkottai Road near one petrol bank, the accused drove the bus TN-49-N-1558 in a rash and negligent manner and dashed against the left side parked lorry and thereby caused death to two persons and injuries to many persons, who are the passengers of the bus. The Inspector of Police attached to Vallam Police Station, Thanjavur District has filed a final report under Ss. 279, 337, 338 (2 counts) and 304(A)(2 counts) IPC against the accused examining the witnesses.

(3.) In the trial court, 14 witnesses were examined and 20 Exhibits and 1 material object were marked. When the accused was questioned about the incriminating circumstances, he denied the same. The trial court convicted the revision petitioner and sentenced him to undergo SI for one month each under Sec. 279 and 337 IPC and 3 months SI for each count under Sec. 338(2 counts) IPC and 1 year SI for each count under Sec. 304(A) (2 counts) IPC and ordered to run concurrently. Aggrieved by the conviction and sentence passed by the trial court, the revision petitioner filed an appeal in C.A.No.74 of 2014, which was heard by the II Additional District and Sessions Judge, Thanjavur. The first appellate Court had also confirmed the findings of the trial court. Hence, this criminal revision.