ADAIKALASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment, dated 01.09.2015 passed by the I Additional District Judge (PCR), Tiruchirappalli, in C.A.No.56 of 2015, confirming the judgment, dated 25.06.2015 passed by the Judicial Magistrate, Manapparai, in C.C.No.300 of 2013.

(2.) The case of the prosecution is that on 01.10.2012 at 11.15 am, the de-facto complainant riding his motor cycle TN-45-AW-7571 along with his father Elumalai as pillion rider to Mathukarampatty to attend a funeral and at that time and they were proceeding on the left side of National Highways near Yagapuram Passengers Sun shade, the accused drove the Car TATA AC TN-45-K-8401 in a rash and negligent manner and dashed against the two wheeler, as a result of which, both the rider and pillion rider of the motor cycle sustained injuries and and the father of the de-facto complainant sustained grievous injury and he was taken to Government Hospital, Manapparai for treatment and subsequently, he was referred to Kauvery Hospital, Trichy, where he died on the next day. In this regard, a case in Crime No.226 of 2012 stands registered by Thuvarankurichi Police Station.

(3.) The trial court, on proper appreciation of the entire materials available on record both oral and documentary, found the petitioner/accused guilty, convicted and sentenced him to pay a sum of Rs.500/-, in default to undergo one month simple imprisonment for the offence under section 279 IPC and also convicted and sentenced to undergo one year rigorous imprisonment and to pay a sum of Rs.1,000/-, in default to undergo three months simple imprisonment for the offence under section 304(A) IPC. Aggrieved by the judgment of the trial court, the petitioner preferred appeal before the first appellate court. The first appellate court confirmed the findings of the trial court. Against which, the petitioner is before this court.