RAVICHANDRAN Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been preferred against the judgment of the learned Additional District & Sessions Judge, FTC. No. III, Coimbatore , in C. A. No. 301 of 2004, which had arisen out of the judgment in C. C. No. 198 of 2002 on the file of the Judicial Magistrate No. II, Udumalpet. The accused has been charged under section 279 and 304 (A) IPC.

(2.) THE short facts of the prosecution case is that on 10. 7. 2002 at about 4. 45 pm the accused who had driven a private bus in a rash and negligent manner from North to South on Tiruppur Udumalpet road had dashed the victim, who was riding on his two wheeler on the same direction to his extreme left and caused instantaneous death to him.

(3.) NOW the point for determination in this revision is whether the conviction and sentence of the learned trial judge under Section 304 (A) against the accused is liable to be set aside for the reasons stated in the memorandum of revision?