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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Sundaramurthy – Appellant
Versus
The State Rep. – Respondent
| Table of Content |
|---|
| 1. accused's negligence led to fatal accident. (Para 2 , 3) |
| 2. challenges to evidence and procedural compliance. (Para 4 , 6) |
| 3. prosecution's burden of proof includes causation and identification of the driver. (Para 5) |
| 4. rash driving established through witness testimonies. (Para 8 , 10) |
| 5. res ipsa loquitur aids in establishing liability in negligence cases. (Para 9) |
| 6. court allows probation due to favorable factors. (Para 11 , 12) |
| 7. court affirms conviction with probation instead of sentence. (Para 14) |
ORDER
The criminal revision case challenges the judgment of the Principal Sessions Judge, Krishnagiri, dated 02.08.2023, made in Criminal Appeal No. 19 of 2020. By the said judgment, the conviction and sentence imposed by the trial Court were confirmed by the appellate Court. The trial judge, the Chief Judicial Magistrate, Krishnagiri, by judgment dated 10.01.2020, made in C.C. No. 340 of 2019, found the appellant guilty of the offences under Sections 279 and 304A of the Indian Penal Code and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, and in default of payment of fine, to undergo simple imprisonment for a period of one
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