T. RAVIKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner to set aside the Judgment, dated 23.06.2015 passed by the learned Principal Sessions Judge, Thoothukudi, in C.A. No. 9 of 2015, by confirming the Judgment, dated 11.02.2015 passed by the learned Chief Judicial Magistrate, Thoothukudi in C.C. No. 15 of 2013.

(2.) The revision petitioner was tried for the offences under Sections 279, 337, 338 (2 counts) and 304(A) of IPC, before the Chief Judicial Magistrate, Thoothukudi and the trial Court, in conclusion of the trial, found him guilty, convicted and sentenced to undergo rigorous imprisonment for Two years for the offence under Section 304(A) of IPC and sentenced to undergo rigorous imprisonment for One month for each of the three counts for the offence under Section 337 (3 counts) of IPC. The petitioner preferred an appeal before the Court of Sessions and the same was taken in C.A.No. 9 of 2015 and was confirmed by order, dated 23.0.2015 on the file of the Principal Sessions Judge, Thoothukudi, 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 27.06.2012 at about 10.00 p.m., while the deceased was travelling along with his wife P.W.1/ Complainant/ Janaki in an Auto bearing registration No.TN-69-AA-2620 drove by P.W.3/Mahendran towards east near Thoothukudi PRS Industries, the petitioner/accused drove his car (Ford Titanium) bearing registration No.TN-60-AD-6979 came from opposite direction with rash and negligent manner and dashed against the Auto and a two wheeler(Bajaj-Plantinum) ridden by P.W.4/Kannan bearing registration No.TN-69-M-7358. In the said accident, Mahendran/Auto driver sustained small injuries and the Janaki and Kannan were sustained grievous injuries and due to heard injuries Janaki's husband died. Based on the complaint given by PW1, a case in Crime No. 309 of 2012 was registered by the respondent Police for the offences under Sections 279, 337, 338 ( 2 counts) and 304(A) of IPC. The respondent Police, after investigation, has filed the final report for the offences under Sections 279, 337, 338 ( 2 counts) and 304(A) of IPC and both the Courts below have convicted the petitioner/accused as stated supra.