Advocates:
['M/S C S DHANASEKARAN', '', 'G MOORTHI', 'PUBLICE PROSECUTOR', '', 'COMPILATION OF THE JUDGEMENTS FILED']

Bail Slip

The Appellant herein/Accused namely K.Vaithiyanathan

S/o.SriKulla Udayar (in C.C.No.235 of 2007 on the file of

Judicial Magistate No.I, Attur) was directed to be released on

bail by order of this court dated 26.04.2017 and made in

Crl.MP.No.6068 of 2017 in Crl.RC.No.657 of 2017.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 16.03.2022

PRONOUNCED ON : 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.R.C.No.657 of 2017

K.Vaithiyanathan

... Petitioner/Accused

Vs.

State Rep. by the Sub Inspector of Police,

Attur Police Station, Attur (Cr.No.7/2007).

... Respondent/Complainant

PRAYER: Criminal Revision is filed under Section 397 r/w 401 of

the Code of Criminal Procedure, to call for the records in

respect of the judgment dated 25.01.2017 passed by the learned

II Additional District and Sessions Judge, Salem in C.A.No.70 of

2016 confirming the conviction and the sentence passed by the

learned Judicial Magistrate No.I, Attur in C.C.No.235/2007 on

09.05.2016, to set-aside the conviction and sentence imposed on

the petitioner herein, to acquit him.

For Petitioner

: Mr.C.S.Dhanasekaran

For Respondent

: Mr.R.Kishore Kumar,

Government Advocate (Crl. Side)

*****

ORDER

The petitioner was convicted by the learned Judicial

Magistrate No.I, Attur (trial Court), vide judgment, dated

09.05.2016 in C.C.No.235 of 2007 and sentenced to undergo one

month Rigorous Imprisonment and to pay a fine of Rs.250/-, in

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

default to undergo one month Simple Imprisonment for offence

under Section 279 IPC and also sentenced to undergo two months

Rigorous Imprisonment and to pay a fine of Rs.1,500/-, in

default to undergo one month Simple Imprisonment for offence

under Section 338 of IPC (2 counts) and further, he was

sentenced to undergo one year Rigorous Imprisonment and to pay a

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

Imprisonment for offence under Section 304(A) IPC. As against

the judgment of the trial Court, an appeal was preferred by the

petitioner before the learned II Additional District Judge,

Salem (lower appellate Court) in C.A.No.70 of 2016. The lower

appellate Court, by judgment, dated 25.01.2017 dismissed the

appeal confirming the judgment of the trial Court, against which

the present Criminal Revision Case.

2.The gist of the case is that on 06.01.2007, at about

11.30 a.m., the petitioner drove his Trax Jeep bearing

registration No.TN 27 U 4677 in a rash and negligent manner in

Attur to Cuddalore main road, near Elumalaian Engineering Works

from east to west direction and hit Manikandan (PW12) and

Vignesh (deceased), who were walking at the edge on the road and

thereafter, dashed against the two wheeler viz., TVS Suzuki

bearing registration No.TN 27 U 5832 of Senthil @ Kalaiselvam

(PW11), son of the defacto complainant (PW1). Due to which,

Vignesh (deceased), PW11 and PW12 sustained injuries and they

were taken to the Government Hospital, Attur. After treatment,

PW11 and PW12 survived, Vignesh (deceased) succumbed to

injuries. On getting information, the respondent Police rushed

to the Government Hospital, Attur and received the complaint

(Ex.P1) from PW1. Thereafter, FIR in Crime No.7 of 2007 (Ex.P8)

was registered by PW15 and the same was placed before Thangavel,

Inspector, who immediately visited the scene of occurrence,

prepared Observation Mahazar (Ex.P9), Rough Sketch (Ex.P10),

examined the witnesses present in the scene of occurrence,

conducted inquest on the body of the deceased and sent the same

for postmortem, examined the injured witnesses (PW11 & PW12),

examined the Doctors (PW14, PW16 & PW17), recorded their

statements, collected medical records (Exs.P6, P11 to P14),