IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.04.2024 CORAM THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.R.C.No.835 of 2020 Velankanni @ Pushparaj ... Petitioner Vs.

State represented by The Sub-Inspector of Police, Bagayam Police Station, Vellore. ... Respondent (Crime No.298/2016)

Prayer : Criminal Revision filed under Section 397 & 401 of Criminal Procedure Code to set aside the judgment and orders dated 20.09.2019 passed in Crl.A.No.36/2019 by the learned Principal Sessions Judge, Vellore modifying the judgment and orders dated 28.03.2019 passed in C.C.No.85/2015 by the learned Judicial Magistrate No.I, Vellore.

For Petitioner : Mr.M.R.Thangavel For Respondent : Ms.A.Shahana Fathima, GA (Crl. side)

ORDER

Challenging the conviction and sentence passed by the learned Principal Sessions Judge, Vellore in Crl.A.No.36/2019 modifying the conviction and sentence passed by the learned Judicial Magistrate No.I, Vellore, in C.C.No.85/2015, the present criminal revision case is filed.

2. The case of the prosecution as could be discerned from the oral and documentary evidence is as follows :

2.1. On 29.09.2014, the father of the defacto complainant Elumalai (since deceased) was walking on the road in Adukamparai Village. A two wheeler Hero Honda Splendor bearing Reg.No.TN-23-AA-6847 which the revision petitioner was riding hit him, as a result of which, Elumalai fell down and sustained grievous injuries. He was immediately rushed to Government Hospital, Adukamparai, Vellore and was admitted as an inpatient. On 03.10.2014 he succumbed to the injuries.

2.2. Thiru.Moorthy (P.W.7), the then Sub Inspector of Police, Bagayam Police Station on receipt of information from Adukamparai Government Hospital, went to the hospital and recorded the statement of Mathivanan (P.W.1), Son of Elumalai. He registered an FIR (Ex.P3) in Crime No.298/2016 against the present revision petitioner for the offences punishable under Sections 279 & 337 IPC.

2.3. P.W.7 took up investigation, went to the scene of offence and prepared an observation mahazar (Ex.P2) and a rough sketch (Ex.P4) in the presence of the witnesses Shanmugam (P.W.3) and Murugan (P.W.4).

2.4. Since the victim died on 03.10.2014 he conducted an inquest (Ex.P5) on the body of the deceased in the mortuary of the Government Hospital, Vellore. Thereafter, he sent the body for postmortem.

2.5. Dr.K.Selvaraj, conducted autopsy on the body of the deceased on 03.10.2014 and found the following injuries:

a) Contusion on the left parietal region b) Laceration 2.7 x 1 x 1 cm on the posterior occipitakl region.

In the opinion of the Doctor 'the deceased would appear to have died of head injury'

2.6. Tmt.S.Lakshmi (P.W.8), the then Inspector of Police, Bagayam Police Station took up further investigation in Crime No.298/2016 registered by P.W.7 and altered the sections to 279, 304(A) IPC and sections 185, 181, 196 of the Motor Vehicles Act. The alteration report was marked as (Ex.P11). The Inspector of Police recorded the statements of witnesses individually and after completing investigation laid a final report against the revision petitioner for the aforesaid offences.

2.7. When the accused was questioned under Section 313 Cr.P.C., with regard to the incriminating circumstances appearing in evidence against him, the accused denied of having committed any offence.

2.8. The learned Judicial Magistrate No.I, Vellore after analysing the oral and documentary evidence acquitted the accused for the offences punishable under Sections 185 of M.V. Act and convicted and sentenced the accused for the offences punishable under sections 279 & 304(A) of IPC and Sections 181 & 196 of M.V. Act. as detailed hereunder :