ORDER

This Criminal Revision case has been filed to set aside the order dated 02.06.2017 passed in C.A.No.90 of 2016 on the file of Learned III Additional District and Sessions Judge Cuddalore, Virudhachalam confirming the order dated 06.10.2016 passed in C.C.No.101 of 2008 by Learned Judicial Magistrate No.I, Virudhachalam, thereby convicted the petitioner for the offences punishable under Sections 279, 337 (5 counts), 338 (3 counts) and 304(A) (6 counts) of IPC.

2. The case of the prosecution is that on 09.10.2007, around 1.00 a.m., the accused had driven the bus bearing Registration No.TN 01 N 6512 belonging to Tamil Nadu State Transport Corporation bound to Chennai from Madurai and proceeding towards north from south in the National Highways in a rash and negligent manner nearing the border of Cheppakkam Village. While being so, opposite to the land of Kolanji Udayar, it dashed behind the lorry bearing Registration No.TN 45 AC 7611 which was parked on the left hand side of the road, due to which, the entire left hand side of the bus got damaged and as a consequence the passengers in the bus, 6 persons died, 3 persons suffered grievous injuries and 5 persons suffered simple injuries. On the complaint, the respondent registered an FIR for the offences punishable under Sections 279, 337 (5 counts), 338 (3 counts) and 304(A) (6 counts) of IPC. After completion of investigation, the respondent filed a final report and the same has been taken cognizance in C.C.No.101 of 2008 on the file of the Trial Court.

3. In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.22 and marked Exs.P1 to P26. On the side of the petitioner, no one was examined and no document was marked. On a perusal of oral and documentary evidence, the Trial Court found the petitioner guilty and convicted him for the offences punishable under Sections 279, 337 (5 counts), 338 (3 counts) and 304(A) (6 counts) of IPC and sentenced him to undergo simple imprisonment for a period of one year for each count under Section 304(A) of IPC (6 counts) and sentenced him to pay a fine of Rs.100/- for the offence punishable under Section 337 IPC (5 counts) for each count, in default, to undergo simple imprisonment for a period of two weeks for each count and also sentenced to pay a sum of Rs.200/- for the offence punishable under Section 338 IPC (3 counts) for each count, in default, undergo simple imprisonment for a period of one month for each count. It was ordered that the sentences imposed for each count shall run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed by the Appellate Court, confirming the order passed by the Trial Court. Hence, this revision.

4. The learned counsel for the petitioner submitted that no witness had deposed that the petitioner drove the bus in a rash and negligent manner to attract the provision under Section 304(A) of IPC. Even according to the case of the prosecution, the lorry was parked in the National Highways instead of adjacent mud road, without necessary precautions. Therefore, the accident occurred only on the negligent act of the lorry driver and as such the petitioner ought not to have been charged for the offence punishable under Section 304(A) of IPC. P.W.9 turned hostile and he was unaware of the contents of the Observation Mahazar and directed to sign in the Observation Mahazar by the respondent. Therefore, the Observation Mahazar and rough sketch which helped the Trial Court to conclude that the lorry was partly stationed in the mud road was not proved by the prosecution. P.W.1 deposed that he woke up after hearing the sound of the accident and his signature was also obtained by the respondent in the written complaint. Therefore, no witness had spoken about the rash and negligent driving of the bus by the petitioner. The petitioner had driven the vehicle in a low speed and with all cautions. However, the lorry was parked on the road without any indications