MADASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed against the judgment passed by the learned Additional Sessions Judge, Fast Track Court No.I, Tuticorin, Tuticorin District in C.A.No. 92 of 2008, dated 09.04.2009, wherein, it is confirmed the order passed by the learned Judicial Magistrate No.II, Tuticorin, Tuticorin District in C.C.No. 89 of 2006, dated 24.07.2008, wherein the revision petitioner was found guilty and convicted and sentenced to undergo simple imprisonment for a period of one year and also imposed a fine of Rs. 1,000/- in default, to undergo simple imprisonment for a period of two months for the offence under Section 304(A) I.P.C..

(2.) The brief facts of the case are that on 06.01.2006, at about 03.00 p.m., the revision petitioner had driven a lorry bearing registration No.AP16 TT9147, in a rash and negligent manner and hit the victim, namely, Natarajan, who was riding a Hero Honda Splender two wheeler bearing registration No.TN69 D3364 and due to which, the rider of the two wheeler had succumbed to his injuries.

(3.) The respondent police filed a final report under Section 304(A) I.P.C., and the case was tried before the learned Judicial Magistrate No.II, Tuticorin, in C.C.No. 89 of 2006. The prosecution examined witnesses P.Ws.1 to 12 and marked Exs.P1 to P7. No material objects were marked and no witnesses were examined on the side of the defence.