After trial, the trial court convicted the accused for the offences punishable under Section 304 (A) IPC and sentenced him to undergo two years Rigorous Imprisonment; under Section 338 IPC to pay a fine of Rs.1000/- in default to undergo one month Simple Imprisonment, under Section 184 of the M.V.Act to pay a fine of Rs.1000/- in default to undergo two weeks simple Imprisonment and for the offence under Section 411 read with 177 of the M.V.Act, to pay a fine of Rs.100/- in default to undergo one week simple imprisonment.Against which, the accused has filed Crl.Aggrieved by the order passed by the first appellate Court, the petitioner/accused has filed the present Criminal Revision Case.The case of the prosecution is that on 08.3.2005 at about 8.30 p.m., at Tharamani, C.P.T.Road, near V.H.S.Hospital, the accused drove the tempo traveler van bearing Registration No.TN01-K-4353 from South to north direction in a negligent manner at a high speed and dashed against the motorcycle bearing registration Nos.TN07 AD 1649 and TN07 AB 8276, as a result, the driver of the motorcycle bearing Registration No.TN07 AD 1649 died on the spot due to the grievous head injuries and the driver of the another motorcycle bearing Registration No.TN07-AB 8276 also sustained grievous injuries on his right hand and left leg.In this context, the defacto complainant had given a complaint based on which the accused was proceeded with for the offences as mentioned above.The learned counsel appearing for the petitioner did not argue on merits but confined his argument only on the question of sentence imposed on the petitioner by the courts below.The learned counsel for the petitioner submits that the accident had occurred only due to the negligent act of the deceased two wheeler, who driven the vehicle in a rash manner.Therefore, the learned Government Advocate prays for dismissal of the revision.I have heard the submission made by the learned counsel for the petitioner, learned Government Advocate appearing for the respondent State and perused the materials on record.The trial court convicted the petitioner/accused for the offences punishable under Section 304 (A) IPC and sentenced him to undergo two years Rigorous Imprisonment; under Section 338 IPC to pay a fine of Rs.1000/- in default to undergo one month Simple Imprisonment, under Section 184 of the M.V.Act to pay a fine of Rs.1000/- in default to undergo two weeks simple Imprisonment and for the offence under Section 411 read with 177 of the M.V.Act, to pay a fine of Rs.100/- in default to undergo one week simple imprisonment, out of which the petitioner has already paid the fine amount.It is further directed that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards compensation to the credit of C.C.No.3354 of 2005 on the file of the IV Metropolitan Magistrate Court, Saidapet, Chennai, within a period of six weeks from the date of receipt of a copy of this order.On such deposit being made, the trial Court shall hand over the said amount to the victim as well as to the family of the deceased, on proper identification.The Legal Representatives of the deceased will be paid Rs.20,000/- and the injured victim will be paid Rs.5,000/- as compensation from the above amount.It is also made clear that if the petitioner fails to pay the compensation amount within the time stipulated by this Court, he shall undergo the remaining period of sentence as ordered by the Courts below and this order will not enure to the benefit of the accused.The trial court is directed to take necessary steps as are necessary to secure the presence of the petitioner for undergoing the above said period of sentence.It is needless to say that the sentence already undergone by the petitioner can be given set off as contemplated under Section 428 of Cr.P.C.With the above modification in sentence, the Criminal Revision Case is partly allowed.09.09.2015gaIndex : Yes / NoInternet : Yes / NoToThe Additional District and Sessions Judge (FTC-I)The IV Metropolitan Magistrate, Saidapet, Chennai.B. RAJENDRAN, JgaCRL.RC.No. 48 of 201009.9.2015

Cited provisions: Section 304 in The Indian Penal Code; Section 338 in The Indian Penal Code