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2025 Supreme(Online)(Mad) 68894

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Arunkumar – Appellant
Versus
The State – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Shaji Chellan, For Mr.S.Bharathi
For the Respondents:Mr.S.S.Manoj, Government Advocate

Table of Content
1. accident involving vehicle causing injury. (Para 2 , 3 , 4 , 5 , 6)
2. need for clear evidence of negligence. (Para 24 , 25 , 26 , 27)
3. credibility of witnesses and prosecutorial obligations. (Para 30 , 31 , 32)
4. conclusion of acquittal based on prosecution's failure. (Para 34 , 35 , 36)

ORDER

Preface of the case:

This Criminal Revision, at the instance of the accused/revision petitioner, assails (i) the judgment dated 05.12.2023 in S.T.C. No. 695 of 2022 passed by the Judicial Magistrate No.II, Sattur, convicting the petitioner under Sections 279 and 338 IPC , and (ii) the judgment dated 24.04.2025 in C.A.No. 138 of 2024 of the learned Additional District and Sessions Judge, Virudhunagar, partly allowing the appeal by modifying the conviction from Section 338 to Section 337 while sustaining the conviction under Section 279 . The petitioner seeks acquittal.

Prosecution Case:

2. A road-traffic accident involving a Tata Ace water delivery vehicle bearing Reg. No. TN-49-AA-8964 allegedly reversed on a public street and hit PW-5 Mariammal, causing injuries and the same is alleged to have happened on 29.01.2019, around 08:00 a.m., on Kaliamman Koil Street, near Lucky

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