D. SENTHILKUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner/sole accused to set aside the Order, dated 23.11.2015 in Crl.A. No. 3 of 2013 on the file of the Mahila Fast Track Court, Karur, modified the order, dated 06.04.2013 in C.C. No. 126 of 2012 passed by the learned Chief Judicial Magistrate, Karur.

(2.) The revision petitioner was tried for the offence under Section 304(A) (2 counts) of IPC, before the learned Chief Judicial Magistrate, Karur, and the trial Court, in conclusion of the trial, found him guilty, convicted and sentenced to undergo simple imprisonment for Two years for each count and to pay a fine of Rs.2,500/-, in default, to undergo simple imprisonment for Three months for the offence under Section 304(A) (2 counts) of IPC. The petitioner preferred an appeal before the Court of Sessions and the same was taken in C.A.No. 3 of 2013 and was modified by order, dated 23.11.2015 on the file of the Mahila Fast Track Court, Karur, modifying the conviction and sentence imposed by the trial Court and the petitioner was convicted and sentenced to undergo simple imprisonment for One Year for each count and to pay a fine of Rs.2,500/-in default, to undergo simple imprisonment for Three months for the offence under Section 304(A) (2 counts) of IPC. 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 02.10.2010, at about 07.30 p.m., Karur- Covai National High way, Vairamadai Bye-pass road, near Kodanthur junction, when the deceased Murugesan drove his Bajaj Motor cycle and his wife deceased Ponnathal as a pillion rider, from east to west, a Taras lorry, bearing Regn.No.TN-50-D-8998, drove by the petitioner/accused, came in a rash and negligent manner and dashed against the two wheeler. In the said accident, the victims Murugesan and Ponnathal sustained injuries and died. Based on the complaint given by PW1, a case in Crime No.372 of 2010 was registered by the respondent Police for the offence under Sections 279, 337, 304(A)(2 counts) of IPC. The respondent Police, after investigation, has filed the final report for the offence under Section 304(A)(2 counts) of IPC and both the Courts below have convicted the petitioner/accused as stated supra.