ORDER :

The present Criminal Revision Case has been filed to check the correctness of the judgment rendered by the learned District and Sessions Judge, Sivagangai in C.A.No.100/2016, dated 14.07.2017, wherein, the judgment rendered by the learned Judicial Magistrate No.2, Sivagangai in C.C.No.71/2010, dated 09.12.2016 was confirmed.

2. The revision petitioner is the sole accused in the above referred case. Before the trial Court, the respondent police filed a final report alleging that the appellant committed an offence under Section 304(A) of IPC.

3. After full-fledged trial, the learned trial Judge found the revision petitioner guilty for an offence under Section 304(A) of IPC and accordingly, he has been convicted and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000/- in default, to undergo Simple Imprisonment for one month.

4. Challenging the said conviction and sentence, the revision petitioner preferred an appeal in C.A.No.100/2016 before the learned District and Sessions Judge, Sivagangai. The learned District and Sessions Judge, Sivagangai by judgment, dated 14.07.2017 affirmed the findings arrived at by the trial Court and dismissed the appeal. Therefore, the petitioner is before this Court with the present Criminal Revision Case.

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

(i) The deceased Rahul is a student studied in Nehruji Central Higher Secondary School, situated at Melur. On 17.08.2010 around 09.15 a.m., when the deceased Rahul and other children, who are studying in the same school, while walking to get into the class room, the revision petitioner herein, being the driver, without seeing the children, who are walking on the backside of the van, drove the van bearing Registration No.TN 63 L 1812 in a rash and negligent manner, in the reverse gear and dashed against the deceased.

(ii) The said incident was witnessed by P.W.4-Balammal and one Kanchana and informed to the Principal. P.W.3-Angayarkanni, who is the Principal of Nehruji Central Higher Secondary School, after got information, informed the same to P.W.1-Sagunthala, who is the mother of the deceased Rahul.

(iii) Upon receipt of information, P.W.1 went to the occurrence place and after seeing the dead body of her son, lodged the complaint before the police under Ex.P1.

(iv) P.W.6-Balaji, the then Inspector of Police, Sivagangai Taluk Police Station, on 17.08.2010, while he was on duty, around 10.30 a.m., received the complaint from P.W.1 and registered a case against the revision petitioner in Crime No.141/2010 under Section 304 (A) of IPC. The printed FIR was marked as Ex.P3. Immediately, after the registration of the case, he rushed to the scene of occurrence and in the presence of witnesses, he prepared an Observation Mahazar under Ex.P4. He drawn the Rough Sketch and the same has been marked as Ex.P5. He examined the witnesses and recorded their statements.

(v) He held inquest and prepared an inquest report under Ex.P6. In continuation of investigation, after the preparation of the inquest, he submitted a requisition to the Doctor attached with Government Hospital, Sivagangai requesting to conduct an autopsy over the dead body of the deceased Rahul.

(vi) Upon the receipt of the requisition given by P.W.6, P.W.5-Dr. Kiruthika, on 17.08.2010 around 01.40 a.m., conducted an autopsy and issued a post-mortem certificate under Ex.P2 with opinion that the deceased would appear to have been died due to the multiple injuries sustained in the road accident.

(vii) In continuation of investigation, P.W.6 sent a requisition to the Motor Vehicle Inspector for inspecting the offending vehicle. In turn, the Motor Vehicle Inspector, Sivagangai, examined the offending vehicle and issued a certificate as the occurrence had not happened due to the mechanical defect of the offending vehicle. The said certificate was marked as Ex.P7. After receipt of the report from the doctor and the Motor Vehicle Inspector, he came to the positive co