Bail Slip

The Petitioner/Accused viz., Ramu S/o.Peria Karuppan, aged

about 37 years (CC No.78/2007 daed 09/06/2014 on the file of

the Judicial Magistrate No.I, Tiruppur) is released on bail as

per the order of this Court dated 18/02/2019 made in

Crl.M.P.No.1553 of 2016 in Crl.RC No.228 of 2016.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 01.10.2019

PRONOUNCED ON : 15.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.RC.No.228 of 2016

Ramu

Petitioner/Accused

Vs

State by Inspector of Police

Tiruppur North Police Station

Tiruppur (CR No.1536/2006)

Respondent/Complainant

Prayer:- This Criminal Revision Petition is filed, against

the judgement of conviction and sentence, dated 7.1.2016, made

in CA.No.50 of 2014, by the II Additional District Sessions

Court, Tiruppur, confirming the judgement of conviction and

sentence, dated 9.6.2014, made in CC.No.78 of 2017, by the

Judicial Magistrate I, Tiruppur.

For Petitioner :

Mr.M.Manokaran

For Respondent

:

Mr.M.Mohamed Riyaz, APP

ORDER

1.This Criminal Revision Petition is filed, against the

judgement of conviction and sentence, dated 7.1.2016, made

in CA.No.50 of 2014, by the II Additional District Sessions

Court, Tiruppur, confirming the judgement of conviction and

sentence, dated 9.6.2014, made in CC.No.78 of 2017, by the

Judicial Magistrate I, Tiruppur, finding the Petitioner/

accused guilty for the offences under Sections 279 and 304A

of IPC and convicting and sentencing him for the offence

under Section 279 of IPC, to undergo six months Rigorous

Imprisonment and to pay a fine of Rs.1,000/-, in default to

undergo one month Simple Imprisonment and for the offence

under Section 304A of IPC to undergo one year Rigorous

Imprisonment and to pay a sum of Rs.1,000/-, in default to

undergo one month Simple Imprisonment and ordering the

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

sentences to run concurrently.

2.The facts in a nutshell, leading to filing of this Criminal

Revision Case are that on the basis of the complaint given

by one S.Ravi, son of the deceased Subramanian, alleging

that on 20.11.2006 at 16.30 hours, when the deceased was

proceeding in a TVS XL Motorcyle, bearing Reg.No.TN 39 A

3729, on the Tiruppur-Perumanallur Road, in front of a

Pavithra Silks Shop, a Mini Bus, bearing Reg.No.TN 59 B

9819, driven by the Petitioner/ accused, in a rash and

negligent manner, dashed against the deceased, due to which,

the deceased succumbed to grievous injuries in the Hospital,

a case was registered by the Respondent Police in Cr.No.1536

of 2006, against the the Petitioner/ accused for the alleged

offence under Sections 279 and 337 of IPC, later altered to

Sections 279 and 304A of IPC. After completion of the

investigation, the Respondent Police had filed a final

report in CC.No.78 of 2007 before the Trial Court. In and by

the impugned judgement, the Trial Court, based on both the

oral and documentary evidence, namely PW.1 to PW.12 and

Ex.P1 to Ex.P9, had awarded punishments as referred to

above. In the appeal filed as against the judgement of the

Trial Court, by the Petitioner/ accused, by the impugned

judgement, the lower appellate court had dismissed the

appeal, confirming the judgement of conviction and sentence

of the Trial Court. As against the same, this Criminal

Revision Case has been filed by the Petitioner/ accused.

3.This court heard the learned counsel on either side.

4.The learned counsel for the Petitioner would submit that

since the occurrence had taken in a busy area, there would

not have been possibility for the Petitioner/ accused to

have driven the offending vehicle, mini bus, in a rash and

negligent manner, as alleged by the Prosecution and that as

per the evidence of PW.8, Motor Vehicles Inspector, there

was no damage caused to the offending vehicle, which was

d