JUDGMENT

(Prayer: Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure, to call for the records and set aside the conviction and sentence imposed by the Court of the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur in Crl.A.No.19 of 2011 on 15.11.2017, confirming the conviction and sentence imposed by the Judicial Magistrate Court No.II, Srivilliputtur in C.C.No.05 of 2010 on 13.01.2011 and allow this Criminal Revision Petition.)

1. This revision has been filed to set aside the conviction and sentence passed in Crl.A.No.19 of 2011, dated 15.11.2017 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur, confirming the conviction and sentence passed in C.C.No.05 of 2010, dated 13.01.2011 on the file of the learned Judicial Magistrate No.II, Srivilliputtur.

2. The case of the prosecution is that on 24.11.2009 at about 10.00 p.m., when the deceased was riding his motorcycle bearing Registration No.TN-01-L-9410 along with his wife, who was travelling as a pillion rider, from Srivilliputtur to Rajapalayam in front of Avita Masala Mill, the petitioner had driven the Jeyavil