JUDGMENT :

(Prayer: Petition filed under Section 397(1) read with 401 of the Criminal Procedure Code, to set aside the order and judgment passed by the learned Principal District and Sessions Judge at Krishnagiri in Crl.A.No.21 of 2014 on 20.10.2014 in confirming the judgment, conviction and sentence passed on 05.04.2014 by the Chief Judicial Magistrate at Krishnagiri on the file in C.C.No.133/2006 convicting the petitioner/accused under Sectiosns 304 A, 338 and 337 of IPC and under Section 304-A, (8 counts) and sentenced one year rigorous imprisonment for each count and fined Rs.2,000/- for each count (Total Rs.16,000/-) in default 3 months simple imprisonment, under Section 338 (7 counts) and sentenced 6 months rigorous imprisonment and fined Rs.500/- for each count(Total Rs.3,500/-) in default 3 months simple imprisonment and under Section 337(14 counts) fined Rs.500/- for each count (Total Rs.7000/-) in default 3 months simple imprisonment and the sentences are to run concurrently.)

1. The matter is heard through “Video Conference”.

2. Convicted sole accused is the revision petitioner herein.

3. This criminal revision petition is filed against the judgment passed by the learned Principal District and Sessions Judge at Krishnagiri in Crl.A.No.21 of 2014 on 20.10.2014 in confirming the judgment, passed by the Chief Judicial Magistrate at Krishnagiri in C.C.No.133/2006, dated 05.04.2014 by the on the file in convicting the petitioner under Section 304A, 338 and 337 of IPC and under Section 304-A, (8 counts) and sentenced one year rigorous imprisonment for each count and fine of Rs.2,000/- for each count (Total Rs.16,000/-) in default 3 months simple imprisonment, under Section 338 (7 counts) and sentenced to undergo six months rigorous imprisonment and fine of Rs.500/- for each count (Total Rs.3500) in default three months simple imprisonment and under Section 337 (14 counts) fine of Rs.500/- for each count (Total Rs.7000) in default three months simple imprisonment and the sentences are to run concurrently.

4. After investigation, the respondent/police filed charge sheet in Crime No.660/2000, alleging that on 09.11.2000, at about 13.15 hours, when the lorry bearing Registration No.TN 29 J 2898, was coming from Bangalore to Hosur, driven rashly and negligently, dashed against the Transport bus, bearing Registration No.TN29 N 0875, which was proceeding from Hosur to Krishnagiri, whereas, the lorry coming from opposite direction, dashed against the bus with great impact, thereby, 8 persons have died on the spot, 7 persons have sustained grievous injuries and 14 persons have sustained simple injuries.

4(a) Accordingly, final report has been filed under Sections 279, 337 (14counts), 338(7counts) and 304A (8counts).

5. During trial, the persons who suffered simple injuries, the persons who suffered grievous injuries and the legal representatives of the deceased 8 persons, were also examined as prosecution witnesses. 5(a) On the side of the prosecution, P.W.1 to P.W.42 were examined and Exs.P1 to P46 were marked.

5(b) Besides, Conductor of the bus was examined as P.W.1, Driver of the bus was examined as P.W.2 and cleaner of the lorry was examined as P.W.3. Attestor of the observation mahazars were examined as P.W.4 to P.W.8, Motor Vehicle Inspector is examined as P.W.23 and Doctors were examined as P.W.24, P.W.25 and P.W.27. Head Constable who have accompanied the deceased is examined as P.W.26 and investigation has been carried on by four Inspectors at different point of time, were examined as P.W.30 to P.W.33.

6. Based upon the evidence of P.W.1 and P.W.2, coupled with the evidence of injured-P.Ws.18, 19, 20, 21, 22, 34 to 42, coupled with Ex.P45, the trial Court has come to the conclusion that the accident has taken place due to the rash and negligent driving of the driver of the lorry.

7. It remains to be stated that Ex.P3 is the Motor Vehicle Inspector Report for the bus while Ex.P4 is that of the lorry. The said finding is confirmed by