PERIYASAMY Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Revision has been preferred challenging the judgment dated 30.10.2015 passed by the II Additional District Sessions Judge, Erode in C.A.No.33 of 2015 confirming the conviction and sentence dated 06.04.2015 passed by the Judicial Magistrate No.III, Erode in C.C.No.195 of 2013.

(2.) It is the case of the prosecution that on 04.12.2011, around 12.30 p.m., while the deceased Chinrasu was going by his bicycle on Erode - Perundurai main road, from East to West, the lorry bearing registration No.TN33 AJ 9438 driven by the petitioner, hit him from behind, resulting in the deceased falling and the back wheel of the lorry running over him, causing his death.

(3.) On the complaint (Ex.P1) lodged by Sakthi (PW1), the respondent police registered a case in crime No.1337 of 2011 on 04.12.2011 under Section 279, 304A IPC. Vijayan (PW11), Inspector of Police took up the investigation of the case and went to the place of occurrence and prepared the observation mahazar (Ex.P2) and rough sketch (Ex.P6). He conducted inquest over the body of the deceased and the inquest report was marked as Ex.P7. The body was sent to the Government Hospital for postmortem, where Dr.Jeyakavitha (PW10) performed autopsy and issued the postmortem certificate (Ex.P5). In her evidence as well in the postmortem certificate, she has stated that the head of the deceased including the skull was found crushed. The police arrested the accused and after examining the witnesses and collecting various reports, completed the investigation and filed a final report in C.C.No.393 of 2011 on 23.12.2011 before the Judicial Magistrate No.III, Erode. On the orders of the Chief Judicial Magistrate, the case was transferred to the Court of the Chief Judicial Magistrate and on the administrative orders of the High Court, the case was retransferred in C.C.No.195 of 2013 to the Court of the Judicial Magistrate No.III, Erode. The trial Court framed charges under Section 279 and 304A IPC against the petitioner. When questioned, the petitioner pleaded 'not guilty'.