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G. JAYACHANDRAN
Muralikrishnan – Appellant
Versus
State, represented by The Inspector of Police, Tiruvarur – Respondent
JUDGMENT
(Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for entire records and set aside the conviction under Section 304A of IPC and the sentence of 2 years simple imprisonment and fine of Rs.5,000/- in default to undergo simple imprisonment for 1 month passed in the judgment dated 30.07.2018 made in C.A.No.44 of 2017 by the Court of District and Sessions Judge, Tiruvarur confirming the order dated 13.11.2017 made in C.C.No.374 of 2012 on the file of the Court of Judicial Magistrate, Tiruvarur.)
1. The revision petitioner is the driver of TATA Sumo Car bearing Registration No.TN-66-7868. On 18.09.2010 at about 7.00 am in the morning, along Tiruvarur to Thanjavur main road near Ammayappan Mela Street, he hit a Bajaj Pulsar, two wheeler and one Sivagami, who took protection behind the two wheeler, on seeing the rash driving of the TATA Sumo. The said Sivagami was immediately taken to Tiruvarur Medical College Hospital but she was declared dead.
2. On completion of investigation, final report filed against the petitioner for offence under Section 304(A) IPC. The prosecution examined 7 witnesses and marked 8 exhibits. P.W.1, Govinda
The court relied on the principle of res ipsa loquitor and the distinction between 'high speed' and 'negligence' as established by the Supreme Court to determine the rash driving of the petitioner.
The main legal point established is the reliance on consistent and convincing witness testimony to uphold the conviction for the mentioned offences.
The court confirmed the conviction for causing death by negligence under Section 304-A IPC, emphasizing the driver's duty of care and reducing the sentence from six to three months based on mitigatin....
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
The court upheld the conviction for causing death and injuries due to negligent driving, affirming the lower courts' findings while reducing the sentence from six to three months based on mitigating ....
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