1. The Crl.R.C. is filed against the judgment dated 23.10.2008 in Crl.A.No.79 of 2007 on the file of 1st Additional Sessions Judge, Salem, confirming the order dated 7.5.2007 in C.C.No.164 of 2004 on the file of the Judicial Magistrate No.1, Mettur, Salem District, whereby the revision petitioner/accused was convicted for the offence under Section 279 IPC and sentenced to undergo three months' rigorous imprisonment and also convicted for the offence under Section 304-A IPC and sentenced to undergo one year rigorous imprisonment and to pay fine of Rs.500/-, in default, to undergo two months' simple imprisonment.

2. The case of the prosecution is as follows:

On 16.5.2003 at 2 p.m., while one Sengammal was walking on the Mettur to Bhavani Main Road, near ITI, the revision petitioner-accused who was driving Mini Tempo vehicle bearing Registration No.TN-33-Q-6311, drove the same in a rash and negligent manner from Bhavani on the Bhavani to Mettur Main Road, and dashed against the said Sengammal. She sustained head injury. P.Ws.1 to 3 are the close relatives. She was taken to hospital by P.W.1, where she died. He has given complaint Ex.P-1. P.W.2 is the other witness. P.W.3 is t