PETER ANTHONY DURAIRAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Revision Case is filed against the judgement of conviction and sentence dated 11.7.2012 made in CA.No.79/2011 by the learned II Additional District Judge, Tiruchirappalli, confirming the judgement of conviction and sentence dated 28.7.2011 made in CC.No.96/2011 by the learned Judicial Magistrate I, Tiruchirappalli, thereby convicting and sentencing the petitioner for the offence under Section 304A of IPC to undergo one year Simple Imprisonment.

(2.) THE accident had occurred on 2.2.2011 at about 8.00 p.m., when the deceased Sridharan was riding his Hero Honda Motorcycle on the TV.Kovil Main Road, he was hit behind by the Transport Corporation Bus driven by the Petitioner herein. It is the case of the Prosecution that on the said date, when the deceased was proceeding on the South to North Road on the left side of the road, the Transport Corporation bus driven by the Petitioner in a rash and negligent manner hit behind the motorcycle and due to the said impact, the deceased fell down from the motorcycle and the left rear wheel of the bus ran over his head causing instantaneous death.

(3.) NOW , it has to be seen as to whether the case of the Prosecution has been substantiated by the evidence placed on record that the Petitioner has driven the bus rashly and hit behind the motorcycle, which was going ahead of the bus. As already stated, the evidence of PW.4 has clearly indicated that the deceased was returning home from the Hospital at the time of the accident. At this juncture, it is relevant to refer to the evidence of PW.5, the Conductor of the bus involved in the accident. Though PW.5 has been treated as hostile, but his evidence is corroborated by PW.4 at least to a certain extent, inasmuch as the deceased had approached the main road from the Western portion of the road i.e. from the entrance of the Hospital. PW.5 has stated that the deceased suddenly had come to the road on the ascending slope, lost his balance and fell in front of the bus. His evidence cannot be discarded, because the damages found on the motorcycle ridden by the deceased support his version that while the deceased was entering into the main road from the down portion to the ascending portion, he had come into contact with the bus and met with the accident.