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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Sadikbasha – Appellant
Versus
State, represented by The Inspector of Police, Kolathur Police Station – Respondent
ORDER :
(M. NIRMAL KUMAR, J.)
The petitioner/accused was convicted by the learned Judicial Magistrate No.I, Mettur in C.C.No.39 of 2015 and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.1,000/-, in default to undergo one month simple imprisonment for the offence under Section 279 IPC , to undergo six months simple imprisonment and to pay a fine of Rs.500/-, in default to undergo one month simple imprisonment for the offence under Section 337 IPC and to undergo two years simple imprisonment and to pay a fine of Rs.2,000/-, in default to undergo three months simple imprisonment for the offence under Section 304(A) IPC , by judgment dated 08.11.2019. Aggrieved against the same, the petitioner preferred an appeal before the Sessions Court in C.A.No.241 of 2019. The learned Additional District Judge, Additional District (Fast Track) Court, Mettur dismissed the appeal confirming the conviction and sentence of the Trial Court by judgment dated 21.12.2020. Against which, the present revision is filed.
2.The case of the prosecution is that on 23.10.2014 at about 5.00 p.m., the deceased had driven the Hero Honda Splendor bike bearing registration No.TN-38-S-5108 wi
The prosecution failed to prove beyond reasonable doubt that the petitioner acted with rashness or negligence, leading to the acquittal.
The prosecution must prove the appellant's identity and culpability beyond a reasonable doubt; insufficient evidence leads to acquittal.
Criminal liability for negligence requires clear evidence of rashness; mere occurrence of an accident does not imply guilt.
The prosecution must establish the guilt of the accused beyond all reasonable doubt to secure a conviction for rash and negligent driving.
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 beyond reasonable doubt that the accused acted with rashness or negligence; insufficient evidence led to the acquittal of the petitioner.
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....
Accusation of negligence requires proof of rash and negligent driving; high speed alone does not establish guilt in criminal law.
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