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 (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 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.

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 the offence under Section 304(ii) of IPC and sentenced them to undergo 10 years Rigorous Imprisonment each and to pay a fine of Rs.5,000/- each, in default to undergo six months Simple Imprisonment each. Aggrieved by the same, the present appeals have been filed.

7.The learned counsel appearing for the appellants submitted that there is a delay in registering the FIR. Even though the occurrence took place in the bus stand at 02.45 p.m, the FIR was registered only at 07.00 p.m and there was no proper explanation regarding the delay on the side of the prosecution.

7.1. The learned counsel further submitted that according to P.