PARIMALA SUNDARAM Vs. STATE

JUDGEMENT

(1.) This criminal revision is directed against the judgment of the Additional Sessions Judge, Cuddalore, Virudachalam in C.A.No.91 of 2011 dated 14.08.2012 confirming the conviction and sentence passed by the Judicial Magistrate II, Virudhachalam dated 10.11.2011 in C.C.No.5 of 2006.

(2.) It is the case of the prosecution that on 12.08.2005, around 13.30 hours, children from Government School, Srineduncheri got into the Minidor tempo van of the accused to go to their homes. The accused drove the van rashly and negligently resulting in the van ramming on a roadside palmyra tree and turning turtle. In that accident, Ranjana aged 13 years lost her life and more than 8 children were seriously injured. On the complaint (Ex.P1) lodged by Sekar (PW1), father of Ranjana, the police registered a case in Crime No.207 of 2005 and took up the investigation. The body of Ranjana was sent to the Government Hospital, where Dr.Subramaniam (PW14) performed autopsy and issued the post-mortem certificate (Ex.P17). Dr.Subramaniam (PW14) in his evidence as well in the post-mortem certificate has stated about the external injuries found on the body of Ranjana, especially on the parietal region and had opined that the death would have occurred on account of shock and haemorrhage due to the injuries sustained in the vital organ i.e., 'brain'., the other children, namely Chandrakala (PW5), Prasad (PW6), Sangeetha (PW8), Shifa (PW9), Vijayakumar (PW10), Sarathkumar (PW11), Meena (PW12) and Bharathi (PW13) were examined by Dr.Krishnamurthy (PW15) at the Government Hospital, Virudhachalam and they were treated for the injuries suffered by them. Dinakaran (PW16), the Motor Vehicle Inspector, examined the vehicle and opined that there was no mechanical failure vide MV Report (Ex.P13). After completing the investigation, the police filed a final report in C.C.No.5 of 2006 before the Judicial Magistrate II, Virudhachalam against the accused.

(3.) On appearance of the accused, the provisions of Section 207 Cr.P.C were complied with and charges for the offences under sections 279 , 304A , 338 , 337 IPC (8 counts) and Section 3 r/w.181 of MV Act were framed against the accused. When questioned, the accused pleaded 'not guilty'. To prove the case, the prosecution examined PW1 to PW20 and marked Exs.P1 to P18. When the accused was questioned under Section 313 Cr.P.C on the incriminating circumstances appearing against him, he denied the same. No witness was examined on the side of accused nor any document marked.