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2022 Supreme(Online)(MAD) 2614

HIGH COURT OF MADRAS
M.NIRMAL KUMAR, J
Radhakrishnan – Appellant
Versus
STATE – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.Praveen Kumar
For the Respondents: Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed to set aside the Judgment pronounced by the Sessions Judge, Tiruvannamalai made in C.A.No.3 of 2015 dated 30-11-2015, confirming the Judgment pronounced by the Judicial Magistrate, Arni made in C.C.No.177 of 2008 dated 06.01.2015 by allowing the Revision.

2. The petitioner/accused was convicted by the Judicial Magistrate, Arni by Judgment dated 06.01.2015 for the offence under Sections 279 & 304(A) of IPC and sentenced him to six months Rigorous Imprisonment and to pay a fine of Rs.5,000/- with a default sentence of one month Rigorous Imprisonment. Aggrieved against the same, he has preferred an appeal to the Sessions Judge, Tiruvannamalai in Crl.A.No.3 of 2015. The Sessions Judge, by Judgment dated 30.11.2015 had dismissed the appeal, confirming the conviction and sentence.

3. The case of the prosecution is that on 06.01.2008, at about 4.05 p.m. near Arni New Bus stand, the deceased Samundeeswari was walking on the corner of the road. The petitioner who is the State Transport Corporation driver of bus bearing Registration No.TN-21-N- 0901, had driven the bus in the rash and negligent manner. While taking a turn into the bus stand, he had hit t

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