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2011 Supreme(Mad) 813

K.B.K.VASUKI
Magesh – Appellant
Versus
State by Inspector of Police, Gudivatham Taluk Police Station, Vellore District – Respondent


Advocates Appeared:
For the Petitioner:G. Mohanakrishnan, Advocate.
For the Respondent:G. Prassanna, Government Advocate (Crl. Side).

Judgment :

1. The criminal revision is filed by the accused against the judgment of conviction imposed upon him by the trial Court and the appellate Court for the offences under Sections 279 and 304-A IPC and Section 3 read with 181 Motor Vehicle Act.

2. As per the prosecution case, the accused on 13.2.2005 at 9.30 a.m. was driving his vehicle on Gudiyatham to Palamaner highways very rashly negligently without driving licence and when he was nearing Gosha Munab Depo, Chittoor Gate, he hit against one Noorunnisha. As a result, Noorunnisha sustained several injuries and fracture. She was immediately taken to Gudiyatham Government Hospital by P.W.1 Yunaas who is her niece and thereafter, she was taken to Vellore Government hospital, from where she was referred to Govt. Hospital, Chennai for further treatment and she died at 6.30 a.m. on 8.3.2005 at her residence due to the injuries sustained in the accident. Thereby the accused committed the acts constituting offences punishable under Sections 279 and 304-A IPC and Section 3 read with 181 M.V. Act.

3. The prosecution has, in order to prove the guilt of the accused examined the de facto complainant, daughter of the deceased and eyewitne










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