Karuppaiah vs State of Tamilnadu - 2025 Supreme(Mad) 5659

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 5659

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Karuppaiah – Appellant
Versus
State of Tamilnadu – Respondent

Advocates Appeared:
For the Petitioner: Mr.T.Seeni Syed Amma, For M/s.Roy & Roy Associates
For the Respondent: Mr.S.S.Manoj, Mr.G.Karuppasamy Pandian

ORDER :

L.VICTORIA GOWRI, J.

1. This Criminal Revision Case is directed against the judgment in C.A. No. 44 of 2021 of the learned IV Additional District & Sessions Judge, Madurai, confirming the conviction recorded by the learned Judicial Magistrate No.II, Madurai in C.C. No. 538 of 2011, while modifying the sentence.

2. The occurrence relates to a road traffic accident on 11.10.2011 at about 9.45 a.m. near Royal Court, Melaveli Road, Madurai, resulting in injuries to P.W.1 Suresh Kumar and the death of his wife Mary Clara Pushpam.

Gist of the Trial Court Judgment in C.C. No. 538 of 2011:

3. The learned Trial Court framed charges under Sections 279, 338, 304-A IPC and Section 134(a)(b) r/w 187 Motor Vehicles Act,1988 (herein after reffered to as “M.V Act”). On the prosecution side, P.Ws.1 to 11 were examined and Exs.P1 to P12 marked. No defence evidence was adduced.

4. On appreciation of evidence, the learned Trial Court found that the Government bus TN-58-N-1947, driven by the accused, hit the rear of the two-wheeler TN-58-K-1697 ridden by P.W.1, causing grievous injuries to P.W.1 and fatal head injuries to the pillion rider, Mary Clara Pushpam. The Motor Vehicle Inspector (P.W.8) note