Bail Slip

The Appellant/Accused namely Mr.Murugesan S/o Thangavel

was directed to be released on bail as per order of this Court

dated 09/06/2014 in Crl.M.P. No.1 of 2014 in Crl.R.C.No.535/2014

on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Crl.R.C.No.535 of 2014

Murugesan ... Petitioner/Appellant/Accused

Versus

State rep. By the Public Prosecutor,

Through the Inspector of Police,

Madathukulam Police Station.

Crime No.192 of 2009

... Respondent/Respondent/Complainant

Prayer : Criminal Revision Case is filed under Section 397 and

401 of Cr.P.C., to call for the records and set aside the

judgment in Criminal Appeal No.87 of 2013, ordered dated

23.04.2014, on the file of the learned Principal Sessions Judge,

Tirupur, confirming the conviction and sentence awarded in

C.C.No.126 of 2009, on the file of the learned Judicial

Magistrate No.II, Udumalapet, ordered dated 04.10.2013.

For Petitioner

: Mr.E.P.Senniyangiri

For Respondent

: Mr.L.Baskaran

Government Advocate

(Criminal Side)

ORDER

This Criminal Revision Case is filed by the

petitioner/accused, aggrieved by the judgment of the learned

Judicial Magistrate No.II, Udumalapet, dated 04.10.2013 in

C.C.No.126 of 2009, thereby, convicting the petitioner for the

offences under Sections 279, 338(2 counts) and 304-A of Indian

Penal Code and imposing a sentence of one month Simple

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

Imprisonment for the offence under Section 279 of I.P.C and fine

of Rs.1,000/-, in default, to undergo one month Simple

Imprisonment; three months Simple Imprisonment for the offence

under Section 338 (2 counts) and fine of Rs.1,000/- for each

count, in default, to undergo one month Simple Imprisonment; one

year Rigorous Imprisonment for the offence under Section 304-A

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

months Simple Imprisonment and the judgment of learned Principal

Sessions Judge, Tiruppur, dated 23.04.2014 in Crl.A.No.87 of

2013, thereby, confirming the conviction and sentence imposed on

the accused.

2. The case of the prosecution is that on 13.04.2009, at

about 6.30 P.M, P.W.1, one Manigandan, came to the Madathukulam

Police Station and lodged a complaint before the Sub-Inspector

of Police stating that P.W.1 and his relatives including the

victim attended a marriage in S.R.M Kalyana Mandapam, Vayalur on

13.04.2009 and after the marriage, his relative Kannappan's

Maruthi Car, bearing No.TN38 AJ 4430 was driven by said

Kannappan's brother-in-law one Nallamuthu, P.W.3. While so,

about 3.30 P.M, near Narasingapuram Aishwarya Mill gate, the

lorry bearing No.TN R 7095, which was driven in high speed by

the driver came and dashed head on. In the said accident, his

mother, who was sitting on the rear side, suffered grievous

injuries. The driver of the Car, Nallamuthu, his sister, Vasugi

and P.W.1's daughter Kalaiselvi got injured.

The said

information was conveyed to him by cellphone, when he was in the

Kalyana Mandapam and thereafter, he went to the spot along with

P.W.2 and sent all the four injured persons by Ambulance to

Udumalapet Government Hospital. From there, the victims were

referred to Coimbatore Government Hospital for higher treatment.

On the way, they had taken P.W.1's mother to Prabhu Hospital,

Pollachi, who examined her and declared as dead and therefore,

without taking her mother to Coimbatore, Nallamuthu and Vasugi

were sent to Coimbatore and the deceased Tirumathal was brought

back to Udumalapet Hospital and thereafter, he came to the

Police Station and lodged a complaint.

3. On such complaint, a case in Crime No.192 of 2009 was

registered for the offences under