MANI Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The revision petitioner herein is the Driver of the Tamilnadu state Transport Corporation. On 17/01/2007 at about 12.00 midnight, the passenger bus bearing registration No.TN 23 1733 driven by him got involved in the road accident on the Chennai to Trichy highways near Kalathur village. Four person in a motor cycle died. The prosecution case for rash and negligent driving against the revision petitioner was found proved by the courts below. Aggrieved by that, the present criminal revision petition is filed by the revision petitioner.

(2.) The case of the prosecution is that, according to the FIR, the case was registered based on the complaint given by one Sanjay Gandhi (P.W.1), who is a resident of Kaluthur village. On 17/01/2007 night, after the pongal festival in the Village, he along with Rajamanikam, Akash, Subramaniam went to the Kumar tea shop, near bus stand. At that time, the TVS 50 motorcycle driven by Manoharan carrying Danasekaran, Palanivel and Ayyanar in the pillion was hit from back by the Government Bus bearing registration No. TN 23 1733 proceeding from North to South driven rash and negligently without horning. All the four persons in the two wheeler were thrown away and succumb to the injuries. P.W.1 and others intercepted the Bus and enquired the Driver of the bus who disclosed his name as Mani and he is a native of Gudiyatham.

(3.) The Police investigated the complaint and filed final report against the petitioner for offences under section 279 IPC and 304 A IPC (4 counts).