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2022 Supreme(Mad) 3578

G. JAYACHANDRAN
Muralikrishnan – Appellant
Versus
State, represented by The Inspector of Police, Tiruvarur – Respondent


Advocates appeared:
For the Petitioner:N.S. Sivakumar, Advocate. For the Respondent:N.S. Suganthan, Government Advocate (Crl.Side).

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

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