MATHIYAZHAGAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Revision is directed against the order, dated 10.01.2020 passed by the Principal District and Sessions Judge, Thanjavur, in CA No.94 of 2019, modifying the sentence to 3 months Simple Imprisonment from 2 years and confirmed the fine amount of Rs.2,000/- imposed upon the petitioner, by the Judicial Magistrate Court No.II, Thanjavur, dated 27.06.2019, made in CC No.138 of 2015.

(2.) The short facts of the case is that on 21.09.2015 at 8.30 am, at Thanjavur Yagappa Nagar, near LIC Soundar Rajan house, when the boy Ragulraj was riding his bicycle, the driver of the Tipper Lorry TN-49-AD-8121 came in a rash and negligent manner and dashed against the bicycle. In that process, the boy Ragulraj sustained injuries and subsequently, he died in the hospital, on 21.09.20215. The Inspector of Police, attached to Traffic Wing-Thanjavur, filed a final report under section 304(A) IPC against the accused examining the witnesses.

(3.) In the trial court, 6 witnesses were examined and 8 Exhibits were marked. When the accused was questioned about the incriminating circumstances, he denied the same. The trial court convicted the revision petitioner for the offence under Section 304(A) IPC and sentenced him to undergo 2 years Simple Imprisonment with a fine of Rs.2,000/-, in default to suffer 1 month Simple Imprisonment. Aggrieved by the conviction and sentence passed by the trial court, the revision petitioner filed an appeal in C.A No.94 of 2019, which was heard by the Principal District and Sessions Judge, Thanjavur. The First Appellate Court modified the judgment of conviction and sentence passed by the trial court into 3 month SI. Hence, this criminal revision.