case except for PW5, no other witnesses stated about the accident proper. It is the case where the deceased was riding bicycle near Pudhuvalliampalyam Pirivu on Sathy to Gobi Main Road from west to east and the petitioner, who is a driver of a bus, dashed him from behind. He would submit that the evidence of PW5 is that the deceased, aged about 70 years, loaded green fodders for the sheep in his bicycle and due to the accident, the deceased was thrown away and sustained head injury. The other witness, PW8 states that the bus came in contact with the fodder which was extended in the back of the bicycle. PW5 states that the accident took place at 2.30 p.m., but the evidence of PW8 is that it was between 4.00 pm and 5.00 pm. Hence, the presence of PW8 is doubtful. Further, the evidence of PW 5 is contrary to the medical evidence, he admits that though he was present in the scene of occurrence and knew the accused, who also hails from the same Village, he had not accompanied him to the hospital. PW1 to PW4 are the sons and daughters of the deceased, who all admit they came to the scene of occurrence only after the accident. PW7, PW9 and PW10, who are the witnesses for the observation mahazar and rough sketch, not supported the case of the prosecution. He further submitted that the Motor Vehicle report/Ex.P9 confirms that there is no damage or any marks in the bus. He Page 3 of 8
