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2011 Supreme(Mad) 5

K.B.K.VASUKI
Nachimuthu – Appellant
Versus
State by the Inspector of Police Velagoundampatty Police Station, Namakkal District – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondent:I. Paul Noble Devakumar, Govt. Advocate (Criminal Side).

JUDGMENT :-

1. The criminal revision is filed by the accused against the judgment of conviction made in C.A.No.33 of 2007 on the file of the Principal District Court, Namakkal confirming the judgment of conviction made in C.C.No.421 of 2004 on the file of the Judicial Magistrate No.I, Namakkal. The petitioner is charged for the offence under Section 304 (A) IPC by saying that the accused had at 9.50 a.m. on 08.10.2004 drove the bus bearing Registration No.TN 28 L 6670 rashly and negligently and caused the accident by dashing against one TVS 50 moped resulting in fatal injuries to two persons riding in the moped leading to their death.

2. The prosecution in order to prove the guilt of the accused examined the defacto complainant, eye witnesses, mahazar witness, Post mortem doctors and the police officials who received and registered the complaint and FIR and inspector of police who conducted the investigation and the Motor vehicle inspector as P.Ws 1 to 12 and has produced Exs.P1 to P.13 documents. The trial Court has on the basis of the materials found that the accident is caused solely by the rash and negligent driving of the accused and has convicted and sentenced him to undergo im







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