KARUNANIDHI Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed, against the judgement of conviction and sentence, dated 23.12.2010, passed in CA.No.56 of 2009, by the Principal Sessions Judge, Namakkal, confirming the judgement of conviction and sentence, dated 20.07.2009 passed in CC.No.327, by the Judicial Magistrate, Tiruchencode, thereby convicting and sentencing the Petitioner/Accused for the offence under Section 279 of IPC to pay a fine of Rs.1000/-, in default to undergo Simple Imprisonment for one week and for the offence under Section 304A of IPC to undergo Simple Imprisonment for six months and to pay a fine of Rs.2,000/-, in default to undergo one week Simple Imprisonment.

(2.) The Petitioner/Accused was charge sheeted for the offences under Sections 279 and 304A of IPC in respect of the accident took place on 25.04.2007 at 13.20 hours, alleging that at the relevant point of time, when one Karuppayeeammal, the victim, was going by walk along with her son, to Pallipalayam Annai Gas Company, on the East-West Road, on the northern side of the Road, the MSR Bus, bearing Reg.No.TN 34 D 2008, coming in the opposite direction, driven by the Petitioner/Accused in a rash and negligent manner, dashed against the victim, who succumbed to injuries in the Hospital after five days.

(3.) The case was taken on file in CC.No.327, by the Judicial Magistrate, Tiruchencode and necessary charges were framed. The accused had denied the charges and sought for trial. In order to prove the charges against the accused, the Prosecution had examined PW.1 to PW.11 and also marked Exs.P1 to P8. On completion of the evidence on the side of the Prosecution, the accused was questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused had come with the version of total denial and stated that he had been falsely implicated in this case. The Trial Court, after hearing the arguments advanced on either side and also looking into the materials available on record, found the Petitioner/Accused guilty and awarded punishments as stated above. On the appeal, the lower appellate court had confirmed the judgement of conviction and sentence of the Trial Court. Aggrieved over the same, this Criminal Revision Case has been filed.