O R D E R

This criminal revision is filed to set aside the sentence and conviction imposed by the learned III Additional District and Sessions Judge, Gobichettipalayam, in Crl.App.No.344/2018, dated 19.07.2019, confirming the order passed by the learned Judicial Magistrate, Sathyamangalam, in C.C.No.24/2008, dated 24.08.2018.

2.PW16 one Palaniappan, Head Constable attached to Sathyamangalam Police Station went to the Government Hospital, Sathyamangalam and recorded the statement of PW1 Nagaraj, which reads as follows:

m/rh/1 ehfuh$; jdJ rhl;rpaj;jpy; jhd;

3.PW1 was driving the Government Transport Corporation Bus from Bannari to Sathyamangalam West to East at about 6.50 a.m. The accused Kumar drove the Eicher Van from the opposite direction in a rash and negligent manner coming in extremely right side hitting against the bus, in which, he sufferred grievous injuries, fracture in his limbs and other injuries on his body. There was also injuries to other passengers, in which, one child died. He was admitted to the hospital and gave the statement. On the strength of his statement, FIR in Crime No.641 of 2007 under Sections 279, 337, 338 and 304 A IPC was registered. PW18 took up the case for investigation and laid a final report, which was taken on file as C.C.No.24 of 2008. Upon summons to the accused and upon questioning the accused after furnishing of copies, the accused denied the charges and stood trial.

4.To prove the charges on behalf of the prosecution, totally 18 witnesses P.Ws 1 to 18 were examined and Exs.P1 to P20 were marked. Upon questioning the accused of the material evidence on record and the incriminating circumstances, the accused denied the same. Thereafter, there was no evidence let in on behalf of the defence. The trial Court proceeded to hear the learned Additional Public Prosecutor for the prosecution and the learned counsel for the accused and by a judgment dated 24.08.2018 found the accused guilty for the offences under Section 279 IPC and sentenced to undergo six months rigorous imprisonment, found the accused guilty for the offence under Section 337 (10 counts) IPC and sentenced to undergo six months rigorous imprisonment for each count and fine of Rs.500/- for each count and in default to pay the fine, to undergo one week simple imprisonment; found guilty for the offence under Section 338 (3 counts) IPC and sentenced to undergo rigorous imprisonment for a period of one year for each count and fine of Rs.1,000/- and in default to pay the fine, to undergo one week simple imprisonment; found the accused guilty for the offence under Section 304(A) IPC and sentenced to undergo two year rigorous imprisonment and to pay a fine of Rs.10,000/- and in default to pay the fine, to undergo two months simple imprisonment.

5.Aggrieved by the said judgment, the petitioner/accused filed Crl.A.No.344 of 2018, before the Additional District and Sessions Judge, Gobichettipalayam. The learned Additional District and Sessions Judge, by judgment dated 19.07.2019, confirmed the conviction and modified the sentence while maintaining the quantum of sentence, held that all the sentences to run concurrently. Aggrieved by the same, the present revision is laid before this Court.

6.Heard Mr.Parthasarathy learned counsel for the petitioner and Mr.S.Vinoth Kumar Government Advocate (Crl.Side) for the respondent.

7.The learned counsel for the petitioner would submit that in this case, the very final report is erroneously filed, while the accused is alleged to have caused the accident by driving a vehicle from opposite direction, a perusal of the final report, it is mentioned that he was also driving the vehicle from West to East and therefore, the accused was not put to proper notice about the charge he was facing and therefore, straightaway this Court should acquit the accused. Secondly, the learned counsel would submit that on cross examining PW2, he has candidly admitted that PW1 was unconsious and he was the one who gave the complaint