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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
S. Kotti – Appellant
Versus
State Rep. by, Inspector of Police, Thimiri Police Station, Ranipet District – Respondent
ORDER :
The petitioner/accused in C.C.No.19 of 2016 was convicted by the learned District Munsif-cum-Judicial Magistrate No.I, Walajahpet (Trial Court) by judgment dated 06.07.2019 for the offence under section 279 IPC and sentenced to undergo three months Simple Imprisonment and to pay a fine of Rs.1000/-, in default to undergo two weeks Simple Imprisonment and for the offence under Section 304(A) IPC, the petitioner was sentenced to undergo two years Simple Imprisonment and to pay a fine of Rs.9,000/-, in default to undergo three months Simple Imprisonment. Against which, the petitioner preferred an appeal in Crl.A.No.69 of 2019 before the learned II Additional District and Sessions Judge, Vellore @ Ranipet (Lower Appellate Court) and the same was dismissed vide judgment dated 06.03.2021 confirming the conviction and sentence of the Trial Court, against which, the present revision petition is filed.
2. The brief facts of the case is that on 16.08.2015, at about 03.10 p.m., when the defacto complainant/PW1 was sitting on the porch, at that time his daughter Megala, aged about three years and the daughter of PW2 & PW3 viz., Nisha/deceased, aged about three years, were standing right
Criminal liability for negligence requires clear evidence of rashness; mere occurrence of an accident does not imply guilt.
The prosecution must prove the appellant's identity and culpability beyond a reasonable doubt; insufficient evidence leads to acquittal.
In a negligence case, the prosecution must establish guilt beyond reasonable doubt; mere occurrence of an accident does not suffice to infer negligence.
The prosecution failed to prove beyond reasonable doubt that the petitioner acted with rashness or negligence, leading to the acquittal.
The prosecution must establish beyond reasonable doubt that the accused drove in a rash and negligent manner to secure a conviction under IPC sections 279 and 304(A); insufficient evidence can lead t....
Conviction for causing death due to negligence was overturned due to unreliable eyewitness accounts and failure to properly admit key evidentiary documents.
The prosecution must prove negligence and establish a direct nexus between the accused's actions and the alleged offense.
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