Bail Slip The Petitioner/Accused namely, A.Kumar (C.C.No.113/06 dated 31.10.2008 on the file of the Judicial Magistrate, Kangeyam) was directed to be released on bail as per the order of this Court dated 06.05.2009 made in Crl.M.P.No.1/2009 in Crl.R.C.No.477/09. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.04.2011 CORAM THE HONOURABLE MS. JUSTICE R. MALA Crl.R.C.No.477 of 2009 A.Kumar .. Petitioner/Accused ..Vs.. The State rep. by The Inspector of Police Vellakovil Police Station Erode District. Cr.No.176/2006 .. Respondent/Complainant Prayer:This Criminal Revision is filed under Sections 397 and 401 Cr.P.C., to call for the records and to set aside the sentence and fine imposed on the petitioner in C.C.No.113 of 2006, dated 31.10.2008, on the file of the Judicial Magistrate, Kangeyam confirmed by the Criminal Appeal No.297 of 2008, dated 28.04.2009, on the file of the Additional District and Sessions Court, Fast Track Court No.3, Dharapuram. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.S.Rajendiran Govt. Advocate (Crl.side) O R D E R This criminal revision arises out of the judgment of conviction and sentence, dated 28.04.2009 in C.A.No.297 of 2008, on the file of the Additional District and Sessions Court, Fast Track Court No.3, Dharapuram, whereby the petitioner was convicted for the offence under Section 279 I.P.C., imposed a fine of Rs.750/-, in default, to undergo one month simple imprisonment and he was convicted for the offence under Section 304(A) I.P.C., sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs.4,000/-, in default, to undergo three months' simple imprisonment. https://hcservices.ecourts.gov.in/hcservices/ 2.The case of the prosecution is as follows: (i)On the fateful day, (i.e.) 28.03.2006, at about 6.30 p.m., P.W.1 was waiting for his father-in-law Kuppusamy Gounder in Vellakovil High Road. When the said Kuppusamy Gounder was proceeding on northern side, after finished his milk business, P.W.1 was proceeding on southern side in Coimbatore - Trichy Main Road. When they were proceeded towards western side, at that time, a sand lorry bearing Registration No.K.L.08-E-3355, which was driven by the accused, came in a rash and negligent manner and dashed against the said Kuppusamy Gounder and he ran away from the place of occurrence. Due to the said accident, he sustained injuries all over the body. But Kuppusamy Gounder was died on the way to the Government Hospital, Kangeyam. (ii)Immediately, P.W.1 son-in-law gave a complaint before Vellakovil Police Station, which was marked as Ex.P1. P.W.10 Manoharan, Inspector of Police, received the said complaint under Ex.P1 and registered a case in Crime No.176/2006 under Sections 279 and 304(A) I.P.C. and prepared a printed F.I.R. under Ex.P3. (iii)P.W.10-Inspector of Police went to the place of occurrence and prepared an observation mahazar Ex.P2 in the presence of P.W.4 Krishnasamy and P.W.5 Mani and he also drew the rough sketch under Ex.P4. P.W.10, after examining the witnesses, recorded their statements. On the very next day morning, P.W.10 conducted the inquest on the body of the deceased and prepared an inquest report under Ex.P5. Then, he sent the body of the deceased for post-mortem and Dr.Ranganayaki conducted the autopsy and gave post-mortem certificate, which was marked as Ex.P8. He also sent the vehicle for motor vehicle inspection and obtained motor vehicle inspector's report under Ex.P6. After completing the investigation, P.W.10 filed the charge sheet against the accused for the offence under Sections 279 and 304(A) I.P.C. 3.The learned Judicial Magistrate, since the accused pleaded not guilty, after examining the witnesses P.W.1 to P.W.10 and perused the documentary evidence under Exs.P1 to P9, convicted the accused under Sections 279 and 304(A) I.P.C. and sentenced him as indicated above, against which, the accused preferred an appeal in C.A.No.297/2008. The learned Appellate Judge, after considering the arguments advanced by both the counsel, confirming the conviction and sentence passed by the trial Court, against which, the present revision has been preferred by the revision petitioner/accused. 4.Challenging the said conviction and sentence, the learned counsel for the revision petitioner submitted that there is no evidence to show that the vehicle was driven by the revision petitioner/accused in a rash and negligent manner. The trial Court has not considered the vital contradiction in the evidence of P.W.6 Karthi regarding the date and time of receipt of the complaint and lodging of F.I.R. He further submitted that if this Court has decided https://hcservices.ecourts.gov.in/hcservices/ to come to the conclusion that the revision petitioner/accused is guilty, some leniency to be shown to him. 5.Refuting the same, the learned Government Advocate (Crl. side) submitted that both the Courts below have considered the eye- witnesses P.W.1 and P.W.3 and documentary evidence under Ex.P2 observation mahazar and Ex.P4 rough sketch and came to the conclusion that the accused is guilty for the offence under Sections 279 and 304 (A) I.P.C. Hence there is no irregularity or illegality committed by both the Courts below. Therefore, he prayed for the dismissal of the revision. 6. Considered the rival submissions made on both sides and the materials available on record. 7.P.W.1 is son-in-law, who is an eye-witness; P.W.2 Rukmani is wife of the deceased and she is not an eye-witness. P.W.3 Duraisamy and P.W.7 Govindaraj are eye-witnesses; P.W.4 Krishnasamy and P.W.5 Mani are not eye-witnesses, they are attestors of observation mahazar under Ex.P2. P.W.6 Karthi is the son of owner of the vehicle, who stated that the revision petitioner/accused was driven the vehicle at the time of the accident. 8.The case of the prosecution is that the vehicle was driven by the revision petitioner/accused in a rash and negligent manner and dashed against the deceased, who was thrown out and sustained grievous injuries. At the time of the accident, the deceased was not riding his cycle and he was pushing his cycle with milk cane, the vehicle, which was driven by the revision petitioner/accused came on the back side of the deceased and dashed against him. 9.Admittedly, the width of the thar road is 24 feet, but the accident was occurred only at the mud road. As per Ex.P2 observation mahazar, the accident was occurred three feet away from the northern side of the mud road, which was specifically mentioned as follows: ".. rk;gt nuhL fpHf;nf fU:h; nkw;nf bts;snfhtpy; vd;Dk; jhh; nuhl;oy;. nkw;go jhh;nuhl;oypUe;J Rkhh; 3 mo bjw;fpy; kz; nuhl;oy; ele;Js;s rk;gt ,lj;jpypUe;J Rkhh; 10 mo nkw;fpy; tpgj;J Vw;gLj;jpa yhhp K.L.08.E.3355 ,lJ Kd;g[wk; rpwpJ nrjkhfp kz;nuhl;oy; nkw;F nehf;fp epd;W bfhz;Ls;sJ/ .. " It is clearly proved that the occurrence was taken place on mud road and the vehicle, which was driven by the revision petitioner/accused with rash and negligent manner, came on the back side of the deceased and dashed against him. It is seen from the record that the accident was occurred at 6.30 p.m. only. So the revision petitioner/accused may very well averted the accident by turning the vehicle on right https://hcservices.ecourts.gov.in/hcservices/ side and drove the vehicle on thar road, which has 24 feet width. The evidence of P.Ws.1,3 and 7, Ex.P2 observation mahazar and Ex.P4 rough sketch have clearly proved that the revision petitioner/accused has driven the vehicle on extreme left side of the thar road that too on mud road in a rash and negligent manner and dashed against the deceased Kuppusamy Gounder, who sustained grievous injuries and died on the way to hospital and succumbed to death. So the prosecution has clearly proved that the revision petitioner/accused is guilty for the offence under Sections 279 and 304(A) I.P.C. Hence I do not find any merits in the arguments advanced by the learned counsel for the revision petitioner/accused. 10.Furthermore, the learned counsel for the revision petitioner/accused submitted that since the revision petitioner is aged about 26 years, he prayed for some leniency in the sentence imposed to him. On considering the fine amounts of Rs.750/- and Rs.4,000/-, the revision petitioner has already paid the said amounts. On considering the manner of the accident, I am of the view that the sentence imposed by both the Courts below are liable to be confirmed and hence they are hereby confirmed. 11.In fine, • The Criminal Revision is dismissed. • The conviction and sentence passed by both the Courts below are hereby confirmed. • The bail bond executed by him, if any, shall stand canceled. • Since the accused is on bail, the trial Court is directed to take steps to secure the revision petitioner/accused to undergo the remaining period of sentence. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar kj To 1.The Additional District and Sessions Court Fast Track Court No.3, Dharapuram. 2. -do- Through The Principal Sessions Judge, Erode. 3.The learned Judicial Magistrate, Kangeyam. https://hcservices.ecourts.gov.in/hcservices/ 4. -do- Through The Chief Judicial Magistrate, Erode. 5. The Superintendent, Central Prison, Coimbatore. 6.The Inspector of Police Vellakovil Police Station Erode District. 7.The Public Prosecutor High Court, Madras. 1 cc To Mr.C.S.Saravanan, Advocate, SR.26891. Crl.R.C.No.477 of 2009 KU(CO) RVL 26.04.2011 https://hcservices.ecourts.gov.in/hcservices/