S. MATHIVATHANAN Vs. STATE

JUDGEMENT

(1.) The petitioner has come forward with this Criminal Revision Case challenging the order passed by the learned XVIII Additional District and Sessions Court at Chennai dated 22.04.2014 in Crl.A.No.233 of 2012 confirming the order passed VI Metropolitan Magistrate-Egmore, Chennai-8 in Criminal Case No.2969/2011, dated 30.10.2012 (C.C.No.13048/2009 on the file of the IV M.M.Saidapet, Chennai).

(2.) The petitioner is the sole accused in C.C. No. 2969 of 2011 on the file of the V Metropolitan Magistrate Court, Egmore, Chennai. He stood charged for the offence punishable under Sections 279 and 304-A of IPC and under Section 411 r/w 177 of the Motor Vehicles Act and after trial, he was convicted for all the offences. For the offence under Section 279 of IPC, the petitioner was convicted and sentenced to pay a fine of Rs.500/- failing which to undergo simple imprisonment for a period of three months. For the offence under Section 304-A of IPC, he was convicted and sentenced to undergo simple imprisonment for a period of one year with fine of Rs.1,000/-, failing which to undergo simple imprisonment for a period of one month. For the offence under Section 411 r/w 177 of IPC, he was convicted and sentenced to pay a sum of Rs.100/-, failing which to undergo simple imprisonment for two days. Against the above conviction, an appeal in Crl.A.No.233 of 2012 was filed by him and the same was dismissed by the Appellate Court on 22.04.2014 confirming the judgment of the trial Court. This Criminal Revision Case is filed against the aforesaid decisions of the Courts below.

(3.) The case of the prosecution is that, on 03.02.2009 at about 7.30 a.m., at Tharamani 100 Feet Road, opposite to the vacant site near American School, the accused being the driver of Tata Sumo Car bearing registration No.TN-21-K-6600, drove the vehicle from East to West in a rash and negligent manner on the wrong side of the Road, endangering public safety and human life and caused head-on-collision with the auto rickshaw bearing Registration No.TN 07-H-9499 which was coming from the opposite side from West to East and it had resulted in the driver of the auto namely Raja, sustaining multiple grievous injuries and was admitted in private hospital at Perungudi and on the same day, he died. In connection with this incident, the case in C.C.No.2969 of 2011 came to be registered against the petitioner for the offences punishable under Sections 279 and 304-A of IPC and under Section 411 r/w 177 of the Motor Vehicles Act.