Rash and negligent driving, specifically while using a mobile phone, constitutes a criminal offence under the Indian Penal Code; concurrent findings of fact by trial and appellate courts, supported by ocular and scientific evidence (like Motor Vehicle Inspection reports), are final and not subject to interference in revision.

ORDER

This criminal revision case has been filed against the judgment passed in Criminal Appeal No.12 of 2020 dated 08.01.2021 on the file of the learned III Additional District and Sessions Judge, Cuddalore thereby modifying the judgment of the trial court in CC.No.201 of 2007 dated 14.08.2020 on the file of the learned Judicial Magistrate No.II, Virudhachalam.

2. The case of the prosecution is that on 03.11.2006, at about 6 a.m., the accused was driving a private bus by name ‘Star’ bearing registration No.TN 31 T 7373 along with passengers from Virudhachalam Bus stand to Villupuram. While being so, when the bus was crossing Virudhachalam Railway Gate, the accused got a phone call on his mobile phone and he attended the phone while driving the bus by using his right hand and started talking over the phone holding the steering of the bus on his left hand and drove the bus in a rash and negligent manner. In fact, the said act was strictly warned by some passengers in the bus and the accused simply ignored them and continued the driving by talking over the cell phone. While the bus was nearing the bus stop at Pallipattu, the accused’s cell phone fell down from his hand and when the accused, in a negligent manner, tried to pick up the cell phone, he lost his control over the bus which resulted in the bus turning towards right side and dashed against the defacto complainant and another, who were standing under the banyan tree, thereby the bus got halted after banging the banyan tree. Therefore, one person standing under the banyan tree and another person present inside the bus succumbed to injuries. The defacto complainant and the passengers travelled in the bus sustained simple and grievous injuries. On the complaint, the first respondent registered FIR in crime No.148 of 2006 for the offence punishable under Sections 279, 304(a), 337 and 338 of IPC. After completion of investigation, final report was filed and the same was taken cognizance for the offence punishable under Sections 279, 304(a) (2 counts), 337(27 counts) and 338 (11 counts) of IPC.

3. In order to bring the charges to home, the prosecution had examined PW1 to PW43 and marked Ex.P1 to Ex.P47. On the side of the accused, no one was examined and no documents were produced to disprove the charges. On perusal of oral and documentary evidences, the trial court found the petitioner guilty for the offences under Sections 279, 304(a), 337(27 counts) and 338 (11 counts) of IPC. The petitioner was sentenced as follows:

i. For offence u/s 279 IPC, the accused shall undergo rigorous imprisonment for a term of six months and shall pay a fine of Rs.1000/- in default to undergo simple imprisonment for a period of 1month.

ii. For offence u/s 304 A IPC, the accused shall undergo rigorous imprisonment for a term of 2 years and shall pay a fine of Rs.5000/- in default to undergo simple imprisonment for a period of 3 months.

iii. For offence u/s 337 IPC (27 counts), the accused shall undergo rigorous imprisonment for a term of 1 year in total and shall pay a fine of Rs. 100 for each count amounting to a sum of Rs.2700 in total and in default to undergo simple imprisonment for a period of 1 month.

iv. For offence u/s 338 IPC (11 counts), the accused shall undergo rigorous imprisonment for a term of 1 year in total and shall pay a fine of Rs.100 for each count amounting to a sum of Rs. 1100 in total and in default to undergo simple imprisonment for a period of 1 month.

All the above said sentences shall run concurrently

4. Aggrieved by the judgment of the trial court, the petitioner appeal and the same was partly allowed by confirming the order of conviction and modifying the sentence from two years to one year.