The revision petitioner is the accused in C.C.No.239 of 2007 on the file of the learned Judicial Magistrate No.III, Cuddalore.

2. The case of the prosecution briefly runs as under:-

On 25.7.2007, at about 8.45 a.m., one Krishnamoorthy was riding his bicycle on the Cuddalore-Thiruvanthipuram Main Road from East to West. At about that time, the accused came driven the Balaji Bus behind him fastly and hit behind the bicycle. The cyclist sustained grievous injuries. This accident was witnessed to by PWs-1, 5 and 6. The injured was taken to Government Hospital, Cuddalore. At the hospital, PW-12/Head Constable of Thirupapuliyur Police Station recorded statement from the injured. He registered this case (Ex.P-5 FIR). He did initial investigation. Subsequently, the case was investigated into by PWs-13 and 14/Police Officers. PW-10/Doctor treated the injured. However, he died of injuries two days later. Postmortem was conducted by PW-11/Doctor. He opined that he died of road accident injuries. PW-9/M.V Inspector inspected the bus and found no mechanical defect in it (Ex.P-2).

3. Relying on the above evidence, the learned Magistrate convicted the accused under Section 304-A IPC and sente