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2019 Supreme(SC) 188

A.M.SAPRE, DINESH MAHESHWARI
THANGASAMY – Appellant
Versus
STATE OF TAMIL NADU – Respondent


JUDGMENT

Dinesh Maheshwari, J

In this appeal, the appellant-accused has called in question the judgment and order dated 07.01.2009 in Crl. R.C. No. 232 of 2006 whereby, the Madras High Court at its Madurai Bench, while dismissing the criminal revision petition, has upheld the conviction of the appellant for offences under Sections 279, 337(3 counts) and 304-A (4 counts) of the Indian Penal Code ('IPC').

2. Put in brief, the accusation against the appellant had been that on 24.02.2001 at about 07:15 p.m., while driving a government passenger bus bearing registration No. TN-72-N-0891 in a negligent manner, he caused an accident near Korampallam on Tuticorin-Tirunelveli Main Road, which resulted in the death of four persons namely, Jayaraj, Muniasamy, Gopal and Dharma Nadar whereas three persons namely, Murugan, Senthur Pandian and Krishnan were injured. For the incident in question, FIR came to be registered as Crime No. 70 of 2001; and after investigation, the accused was charge-sheeted for the offences as aforesaid.

3. In trial, the prosecution, inter alia, relied on the testimony of PW-1 Chellathrai (the informant), who asserted that at the time of the accident, he was standing nea


























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