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The convicted sole accused is the revision petitioner herein. He has filed this Criminal Revision Case to set aside the judgment dated 07.06.2010 made in C.C.No.226 of 2007 on the file of the learned Judicial Magistrate, Court No.8, Coimbatore, which was confirmed in respect of offences under Sections 279 and 337 IPC and reduced to six months from one year in respect of offence under Section 304(A) IPC, by judgment dated 24.08.2011 made in C.A.No.150 of 2011 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.I, Coimbatore.

2.The respondent police has filed charge sheet against the revision petitioner / accused, alleging that on 17.08.2007, at about 08.05 in the evening on Kovai-Pollachi Main Road, near Bothanur Kurichi Divison, the accused, who is the Government bus driver, has driven the Government bus beairng Registration No.TN 38 N 1366 with bus Route No.55 B on north to south direction in a rash and negligent manner and hit from the behind of the scooter, which is proceeding in front of him bearing Registration No.TN 38 5988, in which the driver of the scooter has sustained simple injuries, while the the son of the driver, who is the pillion rider, fell down from the scooter due to dashing of the bus on the rear side of the scooter and http://www.judis.nic.in the front wheel of the bus ran over of the head of the pillion rider and caused accident and instantaneous death. Hence, the petitioner / accused charged under Sections 279, 337, 304(A) IPC.

3.To prove the charges, the prosecution has examined P.W.1 to P.W.14 and marked Exs.P.1 to P.11.

4.After trial, the trial Court has held that the prosecution has proved all the charges and accordingly, laid conviction and sentenced the accused to undergo simple imprisonment for three months each for the offences under Section 279 and 337 IPC and to undergo simple imprisonment for one year for the offence under Section 304(A) IPC with fine of Rs.2,000/- in default to undergo simple imprisonment for three months. The above sentences shall run concurrently.

17.Taking into consideration of the entirety of the circumstances, the sentence awarded by the trial Court for the offences under Sections 279 and 337 IPC has been reduced from six months to one month simple imprisonment and the sentence awarded by the trial Court under Section 304(A) IPC as modified by the Lower Appellate Court is reduced to three months from six months simple imprisonment and the fine amount already imposed by the Court below is hereby confirmed. The sentence awarded for the above said three Sections shall run concurrently and the period of sentence already undergone by the petitioner / accused during the investigation and trial shall be given set off.