The Madurai Bench of the Madras High Court has confirmed the one-year simple imprisonment given to a Tamil Nadu State Transport Corporation driver, whose rash and negligent driving caused death of four persons including the conductor in 2006.
Justice M Sathyanarayanan in his judgement said six persons who travelled in the bus have spoken coherently in support of the case of the prosecution and hence the sentence given by the trial court under sec 304(a) (causing death by negligence) of the IPC "is fit and proper" in the facts and circumstances of the case.
The Judge rejected the submission of the counsel for the petitioner that the witnesses did not corroborate with each other and the material particulars.
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There was no need for the examination of the Motor Vehicles Inspector as he had stated clearly in his report that the bus did not suffer from any mechanical failure.
Both the judicial magistrate and the lower appellate court at Srivilliputhur had given him one year simple Imprisonment. The petitioner moved the High court against the conviction.
Referring to the petitioner's counsel plea that the petitioner was incarcerated during the investigation and also faced disciplinary proceedings and got reduction in rank ,the judge said with the accidents increasing day by day the lower courts could not be benovelent.
Jayaraj, the driver, drove the bus proceeding towards Madurai on January 27,2006 in a rash and negligent manner and dashed the rearside of a parked lorry resulting in the death of four person.
