JUDGMENT :

(Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the conviction imposed in the Judgment dated 04.06.2014 made in Crl.A.No.84 of 2011 on the file of the District and Sessions Judge, Nagapattinam, confirming the conviction imposed in Judgment dated 21.11.2011 made in C.C.No.415 of 2007, on the file of the Judicial Magistrate No.2, Mayiladuthurai, by allowing this revision.)

1. This Criminal Revision Case in Crl.RC.No.632 of 2014 is filed by the petitioner/accused as against the conviction for the offences under Sections 279, 337 and 304(A) of IPC., and imposing a sentence of fine of Rs.700/- for the offence under Section 279 of IPC., in default to undergo one week Simple Imprisonment; a fine of Rs.400/- for the offence under Section 337 of IPC., in default to undergo one week Simple Imprisonment; and One year Simple Imprisonment for the offence under Section 304(A) of IPC., by the Judgment of the Learned Judicial Magistrate No.II, Myladuthurai in C.C.No.415 of 2007, which was confirmed by the Learned District and Sessions Judge, Nagapattinam, dated 04.06.2014, in C.A.No.84 of 2011.

2. On 05.02.2007, PW.1/Nagajothi, while admitted as an in-patient in Government Periyar Hospital, Mayiladuthurai, gave a statement that on 05.02.2007, she along with her husband/Linganathan, the deceased were going for a wedding in Kawashki Motorcycle bearing Registration No. TN-55-F-8119. While her husband was riding the motorcycle, she was the pillion rider. When they were going near Kadali Angadi at about 7.30 a.m., north to south, a Bus, which was driven in a high speed and negligent manner in the opposite direction, bearing Registration No.TN-49-N-0981, dashed against the motorcycle. Her husband sustained injuries on the face and forehead and died on the spot. In the same accident, she got injured on the left leg, left hand and hip. PW.12, recorded the statement, took up the case for investigation and after completing the investigation laid a final report on 01.11.2007, proposing the petitioner/accused guilty for the offences under Section 279, 338 and 304(A) of IPC.,

3. Upon being questioned, the accused denied the charges and stood for trial. The prosecution examined one Nagajothi, who is the first informant/victim and wife of the deceased, who deposed that on the date of occurrence i.e., on 05.02.2007 at about 7.30 am., near Kadali Angadi on the left-hand side of the road, the accused driven the bus from the opposite direction in a high speed and they did not have to space to further swerve on the left-hand side, therefore, the Bus hit against the Bike and her husband died on the spot and she suffered injuries and got fainted after the accident. She woke up only at the Hospital. Thereafter, she gave the complaint.

4. One Ramesh was examined as PW.2, who has deposed that at the time of the accident, he was also driving in a two wheeler behind the deceased & PW.1 and he witnessed the accident. He further deposed that the Bus came fast and hit the motorcycle of Linganathan (the deceased). One Thamizharasan was examined as PW.3, who was riding the pillion rider in the bike which was rode by PW.2 and who also witnessed the accident. He also deposed that the Government Bus came fast and hit against the Motorcycle of Linganthan. One Karunanithi was examined as PW.4, he was a resident of Parasaloor Village. According to PW4, immediately after hearing about the accident, he went to the spot and saw Linganathan lying injured and dead in front of the Bus. One Sankar was examined as PW.5, who is the brother of the deceased, who went to the spot after hearing about the accident. One Karunanithi, S/o. Pichaikannu, was examined as PW.6. He was the conductor of the Bus and he was actually issuing tickets at the rear side of the Bus, when the Bus was going near Kadali Angadi. He heard a noise and immediately the Bus was stopped and he went down and saw a man and a woman lying down injured wit