SHEIK KASIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The revision petitioner/accused has filed this revision to set aside the Judgment, dated 16.09.2016 in Crl.A.No.5 of 2015, passed by the Fast Track Mahila Court, Sivagangai confirmed the Judgment, dated 05.01.2015 in C.C.No.82 of 2010 passed by the learned Judicial Magistrate No.II, Sivagangai.

(2.) As against the judgment of conviction and sentence passed by the learned Judicial Magistrate No.II, Sivagangai, in C.C.No.82 of 2010, dated 05.01.2015, the revision petitioner has preferred an appeal before the Fast Track Mahila Court, Sivagangai, in Crl.A.No.5 of 2015. The lower Appellate Court, by judgment dated 16.09.2016, dismissed the appeal and the conviction and sentence to undergo simple imprisonment for a period of nine months and to pay a fine of Rs.3,000/-, in default, to undergo simple imprisonment for a period of one month for the offence under Section 304(A) of IPC, was confirmed. Aggrieved over the same, the petitioner has preferred the instant criminal revision case.

(3.) The case of the prosecution is that on 11.05.2010, P.W.1 and his wife travelled in a two wheeler Bajaj Discover bearing Reg.No.TN-63-K-1757 from Sivagangai to Madurai. When they were near Muthupatti, at 09.45 a.m, a car bearing Reg.No.TN-09-T-3978 which came in a rash and negligent manner with high speed, dashed the P.W.1's two wheeler. Due to the impact, P.W.1 sustained injuries on his forehead, right elbow and right foot. The wife of P.W.1 had also sustained injuries on her head, right hand and mouth. After enquiry, P.W.1 came to know that the accused drove the vehicle. The wife of P.W.1 was admitted in Sivagangai Government Hospital and thereafter, for further treatment, she was admitted in Madurai Apollo Hospital, but she died on the same day at 03.00 p.m. P.W.1 gave complaint and it was registered in Crime No.76 of 2010 for the offences punishable under Sections 279, 337 and 304 (A) of IPC.