A. Ramamurthi, J. - (1.) The revision petitioner/accused has preferred the revision challenging the conviction and sentence imposed by the learned Judicial Magistrate II, Gobichetti- palayam in C.C. No. 1361 of 1996 dated 6-10-1998 and confirmed by the learned Second Additional Sessions Judge, Erode, in C.A. No.126 of 1998 dated 13-4-1999, by which he was found guilty for an offence under Section 279 and sentenced to pay a fine of Rs. 400/- found guilty for an offence under Section 338 (2 counts) and sentenced to pay a fine of Rs. 500/- for each count and also found guilty for an offence under Section 304 (A). I.P.C. (2 counts) and sentenced to suffer simple imprisonment for three months and to pay a fine of Rs. 1500/- for each count.
(2.) The case in brief is as follows: On 17-2-1996 at about 10.15 p.m. in Goundapadi Erode Main Road near Irattaivaikal, the revision petitioner drove the Cholan Roadways Transport Corporation Bus bearing No. TN 49 N 0533 in a rash and negligent manner and dashed against a parked lorry bearing No. TN 37 Z 7729 and as a result of this, two persons died and two persons have sustained grievous injuries. The prosecution examined P.Ws. 1 to 12 and marked Exs. P.1 to P. 12 and produced M.Os. 1 and 2. Based on the testimony of the witnesses, the trial Court found him guilty for the offences under Sections 279, 338 IPC ( 2 counts) and 304 (A) IPC (2 counts) and sentenced as aforesaid. The revision petitioner preferred C.A.No. 126 of 1998 on the file of II Additional Sessions Judge, Erode and the appeal was also dismissed on 13-4-1999 confirming the conviction and sentence imposed by the trial Court and aggrieved against this, the present revision is filed.
(3.) Heard the learned counsel of both sides.;