LAWS(MAD)-2020-3-93

MOHANDOSS Vs. STATE

Decided On March 16, 2020
MOHANDOSS Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The Revision petitioner was convicted for the offences punishable under Section 279 IPC and sentenced to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for two weeks ; under Section 337 IPC and sentenced to undergo simple imprisonment for three months and under Section 304-A IPC and sentenced to undergo simple imprisonment for six months, by the Judicial Magistrate No.I, Nagapattinam, by judgment dated 25.10.2012 in C.C.No.35 of 2010. Impugning the conviction and sentence imposed on him by the Judicial Magistrate, Nagapattinam, as abovestated, the revision petitioner preferred the criminal appeal No.58 of 2012 on the file of the District and Sessions Court, Nagapattinam and the District and Sessions Court, Nagapattinam, by judgment dated 26.02.2014 confirmed the conviction and sentence imposed on the revision petitioner by the trial Court and consequently, dismissed the abovesaid appeal preferred by him. Challenging the same, the present revision petition has been preferred by the petitioner.

(2.) Shorn of unnecessary details, the case put forth against the revision petitioner is that on 25.09.2007 at 2.45 p.m near Agarakadambanur Bus stop, the revision petitioner/accused drove his lorry bearing Registration No.TN 51 4015 rashly and negligently with high speed and collided with a motor cycle bearing registration No.TN 51 C 3628 driven by one Saravanan with defacto-complainant Dilip on the pillion seat heading from east to west in the opposite direction and thereby, caused grievous injury to Saravanan on his head, face and cheeks, resulting in his death and caused simple injury to Dilip and thus, the accused had committed the offences punishable under Sections 279, 337 and 304(A) IPC.

(3.) To sustain the prosecution case, PWs 1 to 13 were examined and Exs.P1 to 11 were marked. No MO has been marked. On the side of the accused, he had examined himself as DW1 and no documentary evidence has been adduced. No MO has been marked.