To establish guilt under Section 304(ii) IPC, the prosecution must prove that the accused acted with the knowledge that their act was likely to cause death.

Crl.A.(MD).Nos.544 and 113 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED 06.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

Crl.A.(MD).Nos.544 and 113 of 2021

Sithick ... Appellant/Accused No.2

in Crl.A.(MD).No.544 of 2021

Antony

... Appellant/Accused No.1

in Crl.A.(MD).No.113 of 2021

Vs.

The Inspector of Police,

Cumbum North Police Station,

Theni District.

(In Crime No.96 of 2019) ... Respondent (In both the cases)

COMMON PRAYER : Criminal Appeals filed under Section 374 of the

Criminal Procedure Code, to call for the entire records connected with the

judgment rendered by the learned Additional District and Sessions Judge

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Crl.A.(MD).Nos.544 and 113 of 2021

(Fast Track), Theni, in S.C.No.73 of 2019 dated 27.11.2019 and set aside

the same and consequently acquit the appellant.

For Appellant

: Mr.R.Prakash

For Respondent : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor

COMMON JUDGMENT

These two Criminal Appeals have been filed to set aside the

judgment rendered by the learned Additional District and Sessions Judge

(Fast Track), Theni, in S.C.No.73 of 2019 dated 27.11.2019 and

consequently acquit the appellant.

2.Since the appellants in the two appeals are arrayed as accused

No.1 and 2 in the same crime number, these appeals are taken up together

for hearing and disposed by way of this common judgment.

3.The appellants are vagrants and the deceased was a load man.

On 03.03.2019, at about 02.00 p.m near Kambam bus stand, there was a

wordy quarrel between the appellants and the deceased. At that time, the

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Crl.A.(MD).Nos.544 and 113 of 2021

appellants were said to have assaulted the deceased and pushed the

deceased and he fell down on the road and at that time, the rear tire of the

Government bus bearing registration No.TN 57 N 1914, which was moving

very fast from west to east inside the bus stand hit the deceased and he

sustained grievous injuries and the deceased was taken to the hospital and in

the hospital, the doctor declared brought dead. After obtaining the statement

from the P.W.1, the complaint was registered by the P.W.10 in Crime No.96

of 2019 for the offence punishable under Section 304(ii) of IPC. Thereafter,

P.W.11 conducted the investigation by preparing rough sketch and examined

number of witnesses at the spot. Thereafter, he conducted the inquest at

Hospital and examined number of the witnesses and filed the final report

and the same was taken on file in P.R.C.No.8 of 2019 by the learned Judicial

Magistrate, Uthamapalayam.

The learned Judicial Magistrate,

Uthamapalayam, after compliance of 207 proceedings, committed the case

to the Additional District and Sessions Judge (Fast Track), Theni, for proper

trial. The same was taken on file in S.C.No.73 of 2019.

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Crl.A.(MD).Nos.544 and 113 of 2021

4.The learned trial Judge framed appropriate charges and

questioned the accused. The accused denied the charges and pleaded not

guilty and stood for trial.

5.To prove the case, the prosecution examined P.W.1 to P.W.11

and exhibited 7 documents as Ex.P.1 to Ex.P.7. Thereafter, both the accused

were questioned under Section 313 Cr.P.C proceedings putting the

incriminating evidence against them and they denied the same as false and

thereafter, the case was posted for defence evidence. On the side of the

accused/appellants, neither witness was examined nor document was

marked.

6.After considering the material adduced by the prosecution and

also hearing the argument of the appellants, the trial Court convicted the

appellants for t