MAHESWARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/sole accused as against the conviction and sentence passed by the learned Judicial Magistrate No.1, Tiruchirappalli, in C.C.No.117 of 2013, dated 10.10.2015, confirmed by the learned Sessions Judge, Mahila Court, Tiruchirappalli, in C.A.No.85 of 2015, dated 12.08.2016.

(2.) The revision petitioner was tried for the offence under Section 304(A) IPC before the learned Judicial Magistrate No.1, Tiruchirappalli and the trial Court, in conclusion of the trial, found him guilty, convicted and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.2,000/-,in default, to undergo simple imprisonment for one month for the offence he was stood charged. The petitioner preferred an appeal before the Court of Sessions and the same was taken in C.A.No.85 of 2015 and was dismissed by order dated 12.08.2016 by the learned Sessions Judge, Mahila Court, Tiruchirappalli, confirming the conviction and sentence imposed by the trial Court. Aggrieved by the orders of the Courts below, the petitioner has preferred this revision case.

(3.) The brief fact of the case is that on 04.04.2013, at about 11.00 a.m., in Uraiyur-Kuzhimani Road, near Mangala Nagar, when the deceased Periyanayagam, was riding Honda two wheeler bearing Regn. no.TN-45-BB-2979 from west to east, a Indica car, bearing Regn.No.TN-48-M-5432, drove by the petitioner/accused, came in a rash and negligent manner and dashed against the deceased Periyanayagam. In the said accident, the victim sustained injuries and was taken to a Government General Hospital and thereafter, to another Hospital. Based on the complaint given by PW1, the case in Crime No.87 of 2013 was registered by the respondent Police for the offence under Sections 279 and 337 IPC. Despite the best treatment, the victim succumbed to the injuries. The respondent Police, after investigation, has filed the final report and both the Courts below have convicted the petitioner/accused as stated supra.