Advocates:
['M/S R MURALI', '', 'M RAJA', 'R RAGAVENDRAN', 'PUBLIC PROSECUTOR']

Crl.R.C.No.438 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.438 of 2018

and Crl.M.P.Nos.5316 and 5317 of 2018

Sakthivel Kumar

... Petitioner

Vs.

The State Represented by

Inspector of Police,

Veppur Police Station,

Virudhachalam.

... Respondent

PRAYER: Criminal Revision case has been filed under Section 397 r/w

401 of Cr.P.C to set aside the order dated 02.06.2017 passed in

C.A.No.90 of 2016 on the file of Learned III Additional District and

Sessions Judge Cuddalore, Virudhachalam confirming the order dated

06.10.2016 passed in C.C.No.101 of 2008 by Learned Judicial

Magistrate No.I, Virudhachalam.

For Petitioner

:

Mr.R.Murali

For Respondent

:

Mr.A.Gopinath

Government Advocate (Crl.Side)

ORDER

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Crl.R.C.No.438 of 2018

This Criminal Revision case has been filed to set aside the order

dated 02.06.2017 passed in C.A.No.90 of 2016 on the file of Learned III

Additional District and Sessions Judge Cuddalore, Virudhachalam

confirming the order dated 06.10.2016 passed in C.C.No.101 of 2008 by

Learned Judicial Magistrate No.I, Virudhachalam, thereby convicted the

petitioner for the offences punishable under Sections 279, 337 (5 counts),

338 (3 counts) and 304(A) (6 counts) of IPC.

2. The case of the prosecution is that on 09.10.2007, around 1.00

a.m., the accused had driven the bus bearing Registration No.TN 01 N

6512 belonging to Tamil Nadu State Transport Corporation bound to

Chennai from Madurai and proceeding towards north from south in the

National Highways in a rash and negligent manner nearing the border of

Cheppakkam Village. While being so, opposite to the land of Kolanji

Udayar, it dashed behind the lorry bearing Registration No.TN 45 AC

7611 which was parked on the left hand side of the road, due to which,

the entire left hand side of the bus got damaged and as a consequence the

passengers in the bus, 6 persons died, 3 persons suffered grievous injuries

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Crl.R.C.No.438 of 2018

and 5 persons suffered simple injuries. On the complaint, the respondent

registered an FIR for the offences punishable under Sections 279, 337 (5

counts), 338 (3 counts) and 304(A) (6 counts) of IPC. After completion

of investigation, the respondent filed a final report and the same has been

taken cognizance in C.C.No.101 of 2008 on the file of the Trial Court.

3. In order to bring the charges to home, the prosecution had

examined P.W.1 to P.W.22 and marked Exs.P1 to P26. On the side of the

petitioner, no one was examined and no document was marked. On a

perusal of oral and documentary evidence, the Trial Court found the

petitioner guilty and convicted him for the offences punishable under

Sections 279, 337 (5 counts), 338 (3 counts) and 304(A) (6 counts) of

IPC and sentenced him to undergo simple imprisonment for a period of

one year for each count under Section 304(A) of IPC (6 counts) and

sentenced him to pay a fine of Rs.100/- for the offence punishable under

Section 337 IPC (5 counts) for each count, in default, to undergo simple

imprisonment for a period of two weeks for each count and also

sentenced to pay a sum of Rs.200/- for the offence punishable under

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Crl.R.C.No.438 of 2018

Section 338 IPC (3 counts) for each count, in default, undergo simple

imprisonment for a period of one month for each count. It was ordered

that the sentences imposed for each count shall run concurrently.

Aggrieved by the same, the petitioner preferred an appeal and the same

was dismissed by the Appellate Court, confirming the order passed by the

Trial Court. Hence, this revision.

4. The learned counsel for the petitioner submitted that no witness

had deposed that the petitioner drove the bus in a rash and negligent

manner to attract the provision under Se