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2025 Supreme(Online)(Mad) 72275

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI, J
Kannan – Appellant
Versus
State, Rep. by The Inspector of Police, Thogur Police Station, Thanjavur District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.G.Thalaimutharasu
For the Respondents:Mr.S.S.Manoj, Government Advocate (Crl. side)
Amicus Curiae: Mr.Karuppasamy Pandian

ORDER

Preface:

This Criminal Revision challenges the concurrent findings of conviction for the offence under Section 304-A IPC , passed by the learned Judicial Magistrate, Thiruvaiyaru in C.C. No.124 of 2016 by Judgment dated 05.04.2023, as affirmed in Crl.A. No.127 of 2023 by the learned Principal Sessions Judge, Thanjavur, in Judgment dated 09.08.2023. While testing the conviction on the settled parameters of revisional scrutiny, this Court is also invited, on the strength of subsequent developments and legal submissions, to consider extension of probationary relief under the Probation of Offenders Act, 1958 (“hereinafter referred to PO Act”) in exercise of powers under Section 11 thereof.

2. Gist of the Trial Court Judgment in C.C. No.124 of 2016:

2.1. On 15.07.2016 at about 12.30 p.m., on the Kallanai–

Thiruvaiyaru Main Road at Ambedkar Nagar, the accused drove a Maruti Omni van bearing registration No.TN-48-Z-1788 rashly and negligently, struck one Madhivanan standing near his house, causing his death on the spot. Thus, attracting Section 304-A IPC .

2.2. Eleven witnesses were examined on the side of the prosecutions as P.W-1 to P.W-11, through whom exhibits Ex.P1 to Ex.P18 were m

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