JUDGMENT :

(Prayer: Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C., to set aside the judgment passed in C.A.No.7 of 2013 dated 15.07.2014 on the file of the learned IV Additional District and Sessions Judge, Ponneri against the judgment passed in C.C.No.180 of 2008 dated 05.01.2013, by the learned Judicial Magistrate, Thiruvotriyur.)

1. This Criminal Revision Case is filed by the petitioner/accused as against the judgment of the learned Judicial Magistrate, Thiruvotriyur, dated 05.01.2013, thereby, convicting the accused for the offences under Sections 279 and 304-A of the Indian Penal Code and imposing a sentence of six months Rigorous Imprisonment each for both the offences and imposing a fine of Rs.2,000/- for the offence under Section 304-A of I.P.C and in default, to undergo Rigorous Imprisonment for a period of two months and the judgment of the learned IV Additional District and Sessions Judge, Ponneri, dated 15.07.2014 in C.A.No.7 of 2013, whereby, the conviction is confirmed and the sentence is modified as no separate sentence for the offence under Section 279 of the Indian Penal Code and for the offence under Section 304-A of the Indian Penal Code, 15 days Rigorous Imprisonment and fine of Rs.2,000/- is imposed.

2. The case of the prosecution is that on 26.03.2008, at about 20.40 hours, the accused, who was driving a Lorry, bearing registration No.TN28 AA 4966, from South to North on Ennore Expressway Road and when he was near Nellikuppam Bus stand, the deceased Thiagarajan, who was standing on the eastern side of the road, was knocked down by the accused by the Trailor Lorry, being driven in a rash and negligent manner and said Thiagarajan fell down and sustained injuries and was taken to the hospital and thereafter, succumbed to the injuries and therefore, the accused committed offences under Sections 279 and 304-A of the Indian Penal Code.

3. P.W.1, who was the wife of the deceased, was standing along with the deceased in the spot, so as to cross the beach road. At that time, the above incident took place and therefore, she lodged a complaint, Ex.P1, based on which, a case in Crime No.71 of 2008 was registered by the Traffic Investigation Wing, Washermenpet and P.W.11 completed the investigation and laid final report before the learned Judicial Magistrate, Thiruvotriyur, proposing the accused as guilty under Sections 279 and 304-A of the Indian Penal Code.

4. Upon being questioned, the petitioner/accused herein denied the charges and stood trial. The prosecution examined the first informant/wife of the deceased as P.W.1; one Rangasamy, eye witness to the incident, as P.W.2; one Arumugam, another eye witness as P.W.3; Dr.Saravanan, who treated and had given first aid to the victim, as P.W.4; Dr.Parimala, the Surgeon, who conducted the post-mortem, as P.W.5; one Dr.Sundaram, who treated the deceased unsuccessfully and who issued the Ex.P6, death report, as P.W.6; one Vijaya Kumar, Motor Vehicle Inspector, as P.W.7, one Lognathan, the Police Constable, who accompanied P.W.9 and drew the rough sketch of the place of accident as PW8; one Jayakumar, Head Constable, who registered the case and inspected the place of accident and prepared the rough sketch along with P.W.8 as PW-9, one Balakrishna Babu, Inspector of Police, who filed alteration report, after the death of the deceased from Sections 279 and 337 of the Indian Penal Code to Sections 279 and 304-A of the Indian Penal Code and sent an Express Report in Ex.P11 as PW10; and one Naganathan, the Investigation Officer, who completed the investigation and laid the chargesheet, as P.W.11.

5. The prosecution also marked the complaint, lodged by P.W.1 as Ex.P1, the signature of P.W.2 in the Observation Mahazar as Ex.P2, the signature of P.W.3 in the Observation Mahazar as Ex.P3, the accident report as Ex.P4, the post-mortem report as Ex.P5, the death certificate as Ex.P6, the Motor Vehicle Inspection Report as Ex.P7, the First Information Report as Ex.P8, t