ORDER :

Prayer : This Criminal Revision Case has been filed, against the judgement of conviction and sentence, dated 21.04.2014, passed in CA.No.08 of 2013, by the Principal District and Sessions Judge, Vellore, modifying the judgement of conviction and sentence, dated 28.01.2013, passed in CC.No.19 of 2010, by the Judicial Magistrate, Gudiyattam, Vellore.

1. This Criminal Revision Case has been filed, against the judgement of conviction and sentence, dated 21.04.2014, passed in CA.No.08 of 2013, by the Principal District and Sessions Judge, Vellore, modifying the judgement of conviction and sentence, dated 28.01.2013, passed in CC.No.19 of 2010, by the Judicial Magistrate, Gudiyattam, Vellore.

2. The Petitioner/Accused was charge sheeted for the offences under Sections 279 and 304A of IPC in respect of the road accident took place on 15.10.2009 at 08.45 a.m. alleging that at the relevant point of time, at Nellorpettai, Vallikuttai Village, Gudiyatham Taluk, the Petitioner/Accused had driven the Van bearing Reg.No.TN 23 Q 2797, in a rash and negligent manner and hit against one Vigneshkumar, aged 1 ½ years, who is the son of PW.1, Gomathi and the child succumbed to fatal injuries.

3. The case was taken on file in CC.No.19 of 2010, by the Judicial Magistrate, Gudiyattam, Vellore and necessary charges were framed. The accused had denied the charges and sought for trial. In order to prove the charges against the accused, the Prosecution had examined PW.1 to PW.14 and also marked Exs.P1 to P9. On completion of the evidence on the side of the Prosecution, the accused was questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused had come with the version of total denial and stated that he had been falsely implicated in this case.

4. The Trial Court found the Petitioner/Accused guilty for the offences under Sections 279 and 304A of IPC and convicted and sentenced the Petitioner/Accused for the offence under Section 279 of IPC to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for two months and for the offence under Section 304A of IPC to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.4,000/-, in default, to undergo Simple Imprisonment for three months. On the appeal, the lower appellate court modified the judgement of the Trial Court and while confirming the conviction for the offences under Sections 279 and 304A of, sentenced the Petitioner/Accused for the offence under Section 304A of IPC to undergo Rigorous Imprisonment for six months and to pay a fine of Rs.4,000/-, in default to undergo Simple Imprisonment for one month. Hence, this Criminal Revision Case has been filed.

5. This court heard the submissions of the learned counsel on either side.

6. The learned counsel for the Petitioner would submit that when the ingredients of the offences under Sections 279 and 304A of IPC have not been made out, when none of the witnesses speaks about the rash and negligent driving of the Petitioner, when the evidence of the witnesses are contradictory to each other, when no independent witness has been examined, when there is contradictory evidence with regard to the lodging of the complaint and also the type of the vehicle involved in the occurrence and also the manner, in which the accident had occurred, when there is contra medical evidence, when PW.1 complainant is not an eye witness to the occurrence, benefit of doubt ought to have been given to the Petitioner and consequently, the Petitioner ought to have been acquitted and this Criminal Revision Case is to be allowed.

7. On the other hand, the learned Government Advocate for the Respondent would submit that the Prosecution has proved its case, namely, the accident, the death of the deceased child due to the injuries sustained by the victim in the accident and also the involvement of the accused in the crime, beyond all reaso