BAIL SLIP

The Petitioner/Accused Viz., Mani, Male, Aged about 22

years, Son of Krishnappa was directed to be released on Bail

vide Order dated 30/08/2017 in Crl.M.P.No.10761 of 2017 in

Crl.R.C.No.1131 of 2017 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

ORDERS RESERVED ON

08.03.2022

ORDERS PRONOUNCED ON

17.03.2022

CRL.R.C.NO.1131 OF 2017

Mani

... Petitioner

.Vs.

The State Rep. by

The Inspector of Police,

Traffic Investigating Wing,

Hosur, Krishnagiri District.

[Crime No.360 of 2012]

... Respondent

PRAYER:-

Criminal Revision Petition filed under Sections 397 r/w 401

of Criminal Procedure Code, to call for the records on the file

of the learned Principal District and Sessions Judge,

Krishnagiri, Vellore District in Crl.A.No.22 of 2017 by judgment

dated 18.08.2017 and confirming the judgment and sentence passed

by the learned Judicial Magistrate, No.II, Hosur, Krishnagiri

District in C.C.No.44 of 2013 dated 07.02.2017 and set aside the

same.

For Petitioner :

Mr.E.Kannadasan

For Respondent :

Mr.A.Damodaran

Additional Public Prosecutor

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

ORDER

The petitioner was convicted by the learned Judicial

Magistrate No.II, Hosur and sentenced to undergo three months

Simple Imprisonment for offence under Section 379 IPC and to

undergo one year Simple Imprisonment for offence under Section

304(a) IPC, by judgment dated 07.02.2017 in C.C.No.44 of 2013.

As against the judgment of the trial Court, an appeal was

preferred by the petitioner in C.A.No.22 of 2017 before the

learned Principal Sessions Judge, Krishnagiri/lower appellate

Court. The lower appellate Court, by judgment, dated 18.08.2017

dismissed the appeal confirming the conviction and sentence of

the trial Court. Against which, the present Criminal Revision

Petition is filed.

2. The gist of the case is that on 25.12.2012 at about 10.30

a.m., the petitioner/accused was driving the vehicle, TATA Ace

bearing registration No.KA-51-A-7666 in a rash and negligent

manner proceeding towards Hosur in Kothur, Hosur Road, dashed

Mani from behind, who was walking ahead, due to which he

sustained injuries on his head, legs and hands, thereafter he

was taken to the Government Hospital, Hosur, where he was

referred to NIMHANS, Bangalore and thereafter, brought back to

Ashoka Hospital, Hosur. On 26.12.2012 at about 8.00 a.m the said

Mani succumbed to the injuries. Based on the complaint given by

the defacto complainant/P.W.1, the brother of the deceased Mani,

P.W.2 who was walking behind his brother, a case was registered

for the offences under Sections 279 and 304A IPC. The

prosecution on its side examined P.W.1 to P.W.7 and marked Ex.P1

to Ex.P7. The defence neither examined any witnesses nor marked

any documents. The Trial Court on conclusion of the trial

convicted the petitioner which was confirmed by the Lower

Appellate Court and sentenced the petitioner as stated above.

3. The contention of the petitioner is that except the

relatives of the deceased, no private individual examined in

this case. P.W.1, P.W.2, P.W.4 are brothers and P.W.3 is the

wife of the deceased Mani. P.W.1 admits that it was P.W.2 who

informed him about the accident and thereafter, he reached the

scene of occurrence. Further, P.W.1 admits that he is not aware

that on whose negligence, the accident took place. P.W.2, the

brother of P.W.1 states that he was walking behind his

brother/deceased Mani, at that time, the accident occurred,

since the vehicle came from the behind, he is not certain as to

whether the vehicle driven in a rash and negligent manner by the

petitioner. P.W.3, wife of the deceased states about

accompanying the deceased to the hospital and she admits that

only after the accident, she was informed. P.W.4