Confirming conviction under IPC sections while modifying imprisonment based on circumstances and prior incarceration.

ORDER :

1. This Criminal Revision Case is filed against the judgment dated 11.11.2019 passed by the learned District Munsif cum Judicial Magistrate, Valparai, made in C.C. No.46 of 2013, and the judgment dated 18.04.2024 of the learned IV Additional District and Sessions Judge, Coimbatore, made in Crl. A. No. 399 of 2019. By the aforementioned judgment, the Trial Court convicted the petitioner herein for an offence under Section 279 of the IPC and imposed a fine of Rs.1,000/- and in default of payment of the fine, to undergo one month's simple imprisonment; for the offence under Section 337 of the IPC (19 counts), to pay a fine of Rs.500/- for each count, in all totaling Rs.9,500/- in default to undergo one month's simple imprisonment; for the offence under Section 338 of the IPC (22 counts), to pay a fine of Rs.1000/- for each count, in all totaling Rs.22,000/- in default to undergo two months' simple imprisonment; for an offence under Section 304(A) of IPC (8 counts), to undergo one year's simple imprisonment for each count, in all to undergo eight years' simple imprisonment, and also to pay a fine of Rs.1,000/-, in default to undergo two months' simple imprisonment. By the aforementioned judgment in appeal, the Appellate Court confirmed the conviction and sentence and dismissed the appeal. As against which, the present Criminal Revision is filed.

2. The prosecution case is that, on 24.11.2012 at about 22.00 hours, within the limits of Kadamparai Police Station, the petitioner/accused, driven a bus belonging to the Tamil Nadu State Transport Corporation, bearing registration No. TN 33 N 2754, from Valparai to Palani on the Valparai to Pollachi main road, between the second and third hairpin bends, he drove the bus in a rash and negligent manner, dashing against the parapet wall on the edge of the road and plunging the bus into a deep gorge of 200 feet, resulting in an accident that killed eight persons and caused simple and grievous injuries to the passengers.

3. One Ponraj, the Special Sub Inspector of Police, was on duty at the Kadamparai Police Station. Upon receipt of information by phone, he went to the Government Hospital, Pollachi. On the following day, i.e., on 25.11.2012, he recorded the statement from PW.1 – Kutty Raja at about 1.45 a.m., to the above effect, stating that he was sitting in the back seat and describing the injuries to various passengers, etc. On the strength of the information, a case in Crime No.26 of 2012 was registered on 25.11.2012 at about 3.30 a.m., for an alleged offences under Sections 279, 337 and 304(A) of IPC. Thereafter, PW.54 – the Inspector of Police took up the case for investigation, completed the investigation, and laid a final report, proposing the accused guilty of an offences.

4. Upon the case being taken on file, summons being issued to the accused, and after furnishing of copies and grant of due opportunity, charges for the offences were framed. The accused denied the charges and stood for trial. In order to bring home the charges, P.Ws. 1 to 54 were examined, and Exs. P1 to P63 were marked. The Trial Court thereafter considered the prosecution case and the defence of the accused and held that, by examining the passengers of the bus, including the passenger (P.W.39) who sat in the front seat alongside the petitioner/accused-driver and the evidence of the other passengers who travelled in the bus, the prosecution proved the charges beyond any reasonable doubt and rejected the defence version as if there was mechanical fault in the bus. The petitioner/accused was convicted and sentenced as aforesaid.

5. Upon the appeal bein