The judgment emphasized the principle that interference with an order of acquittal should only occur in exceptional cases with glaring defects in procedure or manifest errors in law.

This Revision is filed against the Judgment of the learned Special Judicial Magistrate,Bhavani in C.C.No.1 of 2003 dated 03.07.2003.

This revision has been preferred against the Judgment in C.C.No.1 of 2003 on the file of the Court of Special Judicial Magistrate, Bhavani dated 7. 2003.

2. The criminal case had arisen out of an accident which took place on 11. 2002 at

11. 30 a.m., on the Anthiyur-Appakudal Road, Santhipalayam Village, Bhavani Taluk.

3. The case of the prosecution is that the accused who is a driver of Tamil Nadu State Transport Corporation bus bearing Registration No.TN33-N-0775, while proceeding from north to south on the Anthiyur-Appakudal road, had driven the vehicle in a rash and negligent manner dashed against the TVS-50, TN-36-A-8173 on which the complainant was riding at the time of the accident. Due to the accident, the complainant had sustained grievous injuries on his right hand, right thigh, right toe, right shoulder and right flank. The accused has been charged under Sections 279 and 338 of IPC.

4. After taking cognizance of the case, the learned trial Judge had summoned the same to the accused for his appearance and on his appearance copies under Section 207 of Cr.P.C. were furnished to the accused and when the offence was explained to the accused and questioned the accused pleaded not guilty.

5. On the side of the prosecution P.Ws 1 to 11 were examined. Exs P1 to P9 were exhibited.

6. P.W.1 is the complainant. According to P.W.1, on 11. 2002 at about 11.15a.m. to 11.30 a.m, while he was proceeding from Bhramadesam to Anthiyur in his TVS 50 bearing registration No.TN-36A-8173 in a moderate speed following the traffic rules and while he was nearing the house of one Mathaiyan at Vellaiyanpalayam village, he saw the bus driven by the accused bearing Registration No.K3-TN33-0775 in a rash and negligent manner from about a distance of 300 feet and the said bus was proceeding from north to south in the same Anthiyur road and at the place of occurrence, the driver had driven the bus in a rash and negligent manner and dashed against him near the bund. He would depose that since there is no space on his left side and there was thorny fence along the side of the road to his left at the place of occurrence, he cannot go beyond the said thorny fence and the accident had occurred only due to rash and negligent driving of the driver of the bus which resulted in simple and grievous injuries all over his body and that he was admitted in a private Hospital at Anthiyur by the passersby and that he had preferred a complaint with the police under Ex P1. The doctor at Anthiyur Amman Hospital referred him to another hospital at Coimbatore where he took treatment as an in patient. He would deny that he has dashed on the side of the bus at the time of accident.

6a. P.W.2,P.W.3,P.W.4 are the ocular witnesses for the accident. P.W.2 would depose that at the time of accident, he was talking with his friend Arumugam in front of his house and that the place of accident was not a straight road but the road bends in that place. He would say that the accident has occurred only due to two reasons, the first reason is, curve of the road and second reason is that the driver of the bus had driven on the extreme west of the road. He would identify the accused as the driver who had driven the bus which involved in the accident.

6b. P.W.3 would corroborate the evidence of P.W.2 by saying that after the accident, P.W.1 was lying on a thorny fence situate on the west of the road.

6c. P.W.4 would state that since the accused had driven the bus on the extreme west of the road, the accident had occurred and P.W.1 had sustained injuries .

6d. On the basis of Ex P1 complaint, P.W.10, after hearing the accident had went to Amman Hospital ,Anthiyur where P.w.1 was initially treated on 11. 2002 at 1.00p.m., and obtained a statement from P.W.1 and registered the case in Anthiyur Police Station under crime No.20/2002 under Sections 27