This revision has been preferred against the judgment in C.A.No.368/2003 on the file of the Additional District and Sessions Judge (FTC.No.I), Coimbatore, which had arisen against the judgement in C.C.No.47 of 2002 on the file the Judicial Magistrate No.VIII, Coimbatore. The accused has been charged under Section 279, 337, 338 and 304 IPC and also under Section 134(a)(b) of Motor Vehicles Act r/w 187 IPC.

2. The learned trial Judge, after taking cognizance of the offence, on appearance of the accused on summons, issued copies under Section 207 of Cr.P.C., and when the charges were explained to him and questioned, he pleaded not guilty. On the side of the prosecution, P.W.1 to P.W.14 were examined and Ex.P.1 to Ex.P.9 were marked.

3. P.W.1 is the complainant. According to him, the occurrence had taken place on 12. 2002 at about 6.00 pm while he was proceeding in his motor cycle on the Coimbatore - Sathyamangalam road he saw his brother-in-law Muthukumar near Barathi nagar bus stop and he stopped his motor cycle and had conversation with this brother-in-law, at that time, his father-in-law deceased came in a by-cycle from west to east and at that time the accused was driv