JUDGMENT :

Prayer: The Criminal Revision case is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records pertaining to the judgment dated 10.02.2017 in C.A.No.48 of 2016 on the file of the Principal Sessions Judge, Tiruchirappalli confirming the conviction and sentence in C.C.No.141 of 2015 on the file of the Judicial Magistrate No.I, Trichy, dated 30.09.2016 and set aside the same.

1. This Criminal Revision Case has been filed to check the correctness of the judgment dated 10.02.2017 made in C.A.No.48 of 2016 on the file of the Principal Sessions Court, Tiruchirappalli, confirming the conviction and sentence in C.C.No.141 of 2015 on the file of the Judicial Magistrate's Court No.I, Trichy, dated 30.09.2016.

2. The accused in C.C.No.141 of 2015 on the file of the Judicial Magistrate's Court No.1, Trichy, is the revision petitioner. Before the trial Court, the respondent filed the final report against the revision petitioner alleging that the revision petitioner herein committed an offence under Section 304(A) of I.P.C (2counts).

3. After full fledged trial, the learned Judicial Magistrate No.1, Trichy, found the accused guilty for offence under Section 304(A) of I.P.C (2 counts) and sentenced to undergo Simple Imprisonment for one year for each count. Challenging the same, the present revision petitioner prepared an appeal in C.A.No.48 of on the file of Principal Sessions Court, Trichy. After hearing the elaborate submission made by the learned counsel appearing on either side, by judgment dated 10.02.2017, the learned Principal Sessions Judge, Trichy, dismissed the appeal by confirming the sentence awarded by the trial Court. Challenging the said conviction and sentence, the revision petitioner is before this Court with the present criminal revision case.

4. The case of the prosecution in brief is as follows:-

(i) On 27.04.2014 around 04.30 p.m., near to Veterinary Hospital in Trichy-Palakarai road opposite to Five Star Marble Stone, both the deceased traveled in a bicycle from south to north. While such a time, the revision petitioner/accused drove his lorry bearing registration No.TAX-9002 in a rash and negligent manner without blowing the horn and dashed against the bicycle in which the deceased were traveled and as a result of which, both the deceased sustained multiple fatal injuries. After seeing the accident, PW1-Raj Mohammed, brought the both injured to the Government Hospital, Trichy, wherein the Doctor declared the death of both deceased. In this regard, PW1 lodged the complaint under Ex.P1 and on receipt of the said complaint, one Ramakrishnan, the Special Sub Inspector of Police, Traffic Investigation Wing Police Station registered the case against the accused in Crime No.341 of 2011 under Sections 279 and 304(A) of I.P.C. The printed FIR was marked as Ex.P4. After registration of the case, he handed over the case records to PW11-Baskaran for investigation.

(ii) On receipt of the case records, PW11-Baskaran the then Inspector on the same date, visited the scene of occurrence and in the presence of witnesses, he prepared an Observation Mahazar under Ex.P2. He drew the Rough Sketch and the same has been marked as Ex.P9. He examined the witnesses and recorded their statements. Further, he arrested the accused and after making enquiry, he recovered the lorry and sent the same for inspection.

(iii) PW10- Umamaheswari the then Motor Vehicle Inspector Grade-I on 31.12.2014 received the requisition given by PW11 and in view of the same, she examined the offending vehicle and after making inspection, she issued the certificate under Ex.P3 stating that the accident was not happened due to the mechanical defect of the vehicle.

(iv) In continuation of investigation, after receipt of the certificate issued by PW10, PW-11 handed over the case records to PW12-Anbuselvan, the then Inspector of Police, Traffic Investigation Wing, for further investigation. PW12 held inquest and prepared the inquest report