MAGESH Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The criminal revision is filed by the accused against the judgment of conviction imposed upon him by the trial Court and the appellate Court for the offences under Sections 279 and 304-A I.P.C. and Section 3 read with 181 Motor Vehicle Act.

(2.) As per the prosecution case, the accused on 13.2.2005 at 9.30 a.m. was driving his vehicle on Gudiyatham to Palamaner highways very rashly negligently without driving licence and when he was nearing Gosha Munab Depo, Chittoor Gate, he hit against one Noorunnisha. As a result, Noorunnisha sustained several injuries and fracture. She was immediately taken to Gudiyatham Government Hospital by P.W.1 Yunaas who is her niece and thereafter, she was taken to Vellore Government hospital, from where she was referred to Govt. Hospital, Chennai for further treatment and she died at 6.30 a.m. on 8.3.2005 at her residence due to the injuries sustained in the accident. 'T' hereby the accused committed the acts constituting offences punishable under Sections 279 and 304-A I.P.C. and Section 3 read with 181 M.V. Act.

(3.) The prosecution has, in order to prove the guilt of the accused examined the de facto complainant, daughter of the deceased and eyewitness to the accident, Mahazer witness. Postmortem Doctor, Head constable, the Motor Vehicle Inspector, and Sub-Inspector and Inspector of Police/Investigation Officers as P.W.1 to P.W.10 and has produced Exhibits P-1 to P-9 documents. The trial Court, on the basis of evidence let in, found that the accused due to his rash and negligent driving is solely responsible for the accident, resulting in the death of Noorunnisha, aged about 85 years and convicted and sentenced him to undergo imprisonment and pay fine. The accused - preferred statutory appeal against the same. The Appellate Court dismissed the appeal by confirming the order of conviction and sentence of the trial Court. Hence, this criminal revision by the accused before this Court.