ORDER :

(The case has been heard through video conference)

The Criminal Revision Case has been filed by the Petitioner/Accused, seeking to set aside the conviction and sentence passed by the learned Judicial Magistrate No.I, Nagapattinam vide order dated 29.06.2012 in C.C.No.315 of 2010 and confirmed by the learned District & Sessions Judge, Nagapattinam vide order dated 04.08.2014 in C.A.No.25 of 2012 and acquit the petitioner.

2. The Revision Petitioner is the sole accused in this case. He was found guilty and convicted for the offence u/s.279 and 304(A) IPC and sentenced to undergo simple imprisonment for one year u/s.255(2) Cr.P.C. and no separate sentence was ordered for the offence u/s.279 IPC.

3. The brief facts of the prosecution case is that on 30.01.2008 at about 8.00 p.m. when the deceased viz. Ganesan, along with P.W.1, P.W.3 and P.W.4 was coming near Matiyullan River Bridge at Adamangalam, the petitioner who was driving the tractor bearing Reg.No.TN51/D/6487 in a rash and negligent manner had dashed against the deceased Ganesan. As a result, the deceased Ganesan fell down and rear wheel of the tractor ran over the deceased and caused his death. Immediately, PW2 had taken the deceased to the Government Hospital for treatment, where he was declared brought dead and thereby, P.W.1 preferred a police complaint, based on which, PW11, the Sub Inspector of Police, received a complaint and the same has been marked as Ex.P1 and registered a case in Crime No.38 of 2008 for the offence u/s.279 & 304(A) IPC. On registration of F.I.R. P.W.11 took up the investigation and arrested the accused / Revision Petitioner, examined the witnesses and handed over the case to P.W.12, the Inspector of Police. PW12, conducted further investigation and filed the final report against the accused for the offence u/s.279 and 304(A) IPC before the learned Judicial Magistrate No.I, Nagapattinam. On receipt of the final report along with the relevant documents, a case was taken on file in C.C.No.315 of 2010 by the learned Judicial Magistrate No.1, Nagapattinam and on the appearance of the petitioner /accused, he was furnished copies of the relevant documents u/s. 207 Cr.P.C.

4. The substance of the case was explained to the Petitioner/Accused and the Petitioner/Accused had denied the allegations and claimed to be tried. In the trial, the prosecution in order to prove the guilt of the Petitioner/Accused, examined witnesses P.W1 to PW12 on its side and marked documents Ex.P1 to Ex.P7. On the side of the defence no oral or documentary evidence was adduced and no material object was produced on either side. The trial Court found that the petitioner / accused guilty for the offence u/s.279 and 304 (A) IPC and convicted him as stated above. Against which, the petitioner preferred a Criminal Appeal No.25 of 2012 before the learned District and Sessions Judge, Nagapattinam and the Appellate Court vide judgment and order dated 04.08.2014 had dismissed the Appeal and confirmed the judgment of conviction and sentence dated 29.06.2012, against which, the present Revision has been filed.

5. The case of the prosecution as culled out from the evidence of the prosecution is that PW1 is the complainant and he had stated that on 30.01.2008 at about 7.45 p.m. while he along with the deceased and PW2 to PW4 was returning back to their house from the agricultural fields and when they were nearing the Matiyullan River Bridge at Adamangalam, a tractor bearing Reg.No.TN51D6847 dashed against the deceased Ganesan and the said Ganesan sustained injuries on his hip and stomach and he died. PW2 to PW4 have corroborated the evidence of PW1. PW5 had deposed having heard about the accident. PW6 & PW7 are the witnesses to the Observation Mahazar and Rough Sketch. They have deposed that they were present when the place of occurrence was visited by the police and the documents were prepared and they have attested the observation mahazar (Ex.P2) and rough sketch (Ex.P6). PW8 is the owner