K PERUMAL Vs. STATE REP

JUDGEMENT

(1.) Mr. K. Perumal, the petitioner herein is the accused in a case filed under Section 304A I.P.C. for having caused the death of a cyclist Jayasundaram by rash and negligent driving. He was convicted to undergo R. I. for 3 months and to pay a fine of Rs. 1500/-, in default to suffer S. I. for 3 months, by the learned Judicial Magistrate No. 1, Kovilpatti. In the appeal, though the conviction was confirmed, the sentence of R. I. was set aside and fine of Rs. 3,000/- was imposed by the learned District and Sessions Judge, Tuticorin. As against the conviction, this revision has been filed before this Court.

(2.) Facts are these :- On 29-3-1992 at about 2.10 p.m. in the Kazhugumalai to Tenkasi Road P.W.1 Jayaraj was going on a bicycle. His brother Jayasundaram, the deceased was also going on another cycle 20 feet away from him. At that time, the petitioner was driving a K.T.C. bus from Kovilpatti to Tenkasi at a great speed without sounding the horn. While so, the said bus hit against the cyclist Jayasundaram, with the result the victim fell down with serious injuries. On the way to hospital he died. P.W.9, Sub Inspector of Police registered a case under Section 304-A I.P.C. After the investigation, P.W.10, Inspector of Police filed the charge sheet for the offence under Section 304-A I.P.C.

(3.) After trial, the trial Court convicted the petitioner, which was confirmed by the lower appellate Court.