Advocates:
['M/S K V MUTHU VISAKAN', '', 'PH', 'LEGAL AID COUNSEL', 'PUBLIC PROSECUTOR']

BAIL SLIP

The Petitioner/Accused namely viz Mr.P.Selvam, Male, Aged

58 years, S/o.Palanisamy was directed to be released on bail vide

Court order dated 29/10/2015 in MP.Nos.1 & 3/2015 in

Crl.R.C.No.1136 of 2015.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.RC.No.1136 of 2015

P.Selvam

... Petitioner/Accused

Vs.

State Rep.by

Inspector of Police, T.I.W.East

Coimbatore

Crime No.83 of 2013.

... Respondent/Respondent

Prayer: Criminal Revision filed under Sections 397 and 401 of

the Code of Criminal Procedure, against the order of the District

and Sessions Judge, Coimbatore in C.A.No.143 of 2015 against the

judgment of the Judicial Magistrate No.VIII, Coimbatore in

C.C.No.124 of 2013 by its order dated 27.08.2015 confirming the

conviction and sentence to imposed by the learned Judicial

Magistrate Court No.VIII Coimbatore for the offence under

Sections 279 & 304(A) IPC.

For Petitioner : Mr.K.V.Muthuvisagan

Legal Aid Counsel

For Respondent : Mr.A.Damodaran

Additional Public Prosecutor

O R D E R

This petition has been filed against the order of

the District and Sessions Judge, Coimbatore in C.A.No.143 of 2015

against the judgment of the Judicial Magistrate No.VIII,

https://hcservices.ecourts.gov.in/hcservices/

Coimbatore in C.C.No.124 of 2013 by its order dated 27.08.2015

confirming the conviction and sentence imposed by the learned

Judicial Magistrate Court No.VIII Coimbatore for the offence

under Sections 279 & 304(A) IPC.

2. The petitioner/accused was convicted by the

Judicial Magistrate No.VIII, Coimbatore in C.C.No.124 of 2013

dated 02.06.2015 under Sections 279 & 304-A IPC and sentenced to

pay a fine of Rs.500/- for offence under Section 279 IPC, in

default, to undergo Simple Imprisonment for one week and

sentenced to undergo one year Simple Imprisonment and to pay a

fine of Rs.3,000/-, in default to undergo Simple Imprisonment for

a period of three months for offence under Section 304-A IPC.

Against the conviction, the petitioner preferred an appeal before

the Sessions Court in C.A.No.143 of 2015 before the Principal

District and Sessions Judge, Coimbatore. The Appellate Court by

the judgment dated 27.08.2015 dismissed the appeal, confirming

the conviction and sentence passed by the trial Court, against

which, the present Revision has been filed.

3. The gist of the case is that on 30.03.2013 at

about 7.40 a.m PW1 was proceeding in his car near by Aravind Eye

Hospital, Coimbatore at that time, near Avinashi Road,

Coimbatore, CMC Junction, a Motor cycle was proceeding from west

to east, the defacto complainant was 50 ft behind a lorry which

was coming in a rash and negligent manner from east to west

suddenly turn towards right direction and had dashed against the

two wheeler. The Driver of the two wheeler was thrown away. The

defacto complainant parked his vehicle on the side of the road

and went to the rescue of the injurer person. He saw the person

with head injury and blood oozing from his left ear and left eye

blackened, enquired the injured, found him to be a known person,

named Dhandapani. The said Dhandapani was riding his bike with

Reg.No.TN-38-BD-1260. The Lorry which caused the accident was

bearing Reg.No.TN-38-AR-0076. In the lorry, the name “Puthuar

Amman Thunai” was written. Thereafter, the driver's name was

found as one Selvam. Thereafter, service of 108 Ambulance service

utilized, with the help one Raghu brought the injured Dhandapani

to KMCH Hospital. PW1/Subramanian, a driver of the tourist van at

that time, after dropping his customers came to KMCH Hospital,

where he was informed that the said Dhandapani passed away at

9.30 a.m. Thereafter, they went to the Police Station and lodged

a complaint Ex.P1, the same registered at 10.00 a.m., by PW8. In