1. The Crl.R.C. has been filed against the judgment dated 28.1.2009 in Crl.A.No.235 of 2008 on the file of the First Additional Sessions Court, Erode, confirming the conviction and sentenced passed by the District Munsif-cum-Judicial Magistrate, Perundurai, in C.C.No.282 of 2003, dated 5.8.2008, whereby the revision petitioner/accused was convicted for the offence under Section 304-A IPC (2 counts) and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for three months each and no separate sentence was passed for the offence under Section 279 IPC.

2. The case of the prosecution in nut-shell is as follows:

On 21.6.2003 at 18.30 hours, near Sengappalli IOC Petrol Bunk, the deceased Kumaresan and Saravanan were proceeding in a motor cycle from East to West and in the opposite direction, the revision petitioner/accused drove a van bearing Registration No.TN-67-Z-0432 with a rash and negligent manner and went on the wrong side and dashed against the said motor cycle. Saravanan died on the spot and Kumaresan was taken by P.W.2 to hospital and on the way to hospital, he succumbed to death. The co