S RATHINAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, after trial in C.C. No.269 of 1984 on the file of the Additional Judicial Second Class Magistrate, Tindivanam, was convicted under Sections 279 and 338 Indian Penal Code. For the former offence he was sentenced to pay a fine of Rs.250.00, in default to undergo simple imprisonment for one month and for the latter offence he was sentenced to pay a fine of Rs.500.00, in default to undergo simple imprisonment for one month. The aggrieved petitioner preferred Criminal Appeal No. 46 of 1986 before the Assistant Sessions Judge, Villupuram, challenging the sustainability of the verdict of the trial Magistrate.

(2.) The prosecution related to an incident which had taken place at or about 7.30 p.m. on 7/10/1984 at the Pondy-Madras main road near Ravuthankuppam village when the jeep bearing registration No. TMT-1496 driven rashly and negligently by the petitioner had dashed against a car bearing registration No. TYZ 2193 resulting in the driver of the car sustaining grievous hurt

(3.) The learned appellate Judge had disposed of the appeal in the absence of the petitioner and his counsel. The appellate Court has specifically observed that since the appellant and his counsel had not appeared before him on several dates of hearing the appeal was being disposed of after hearing the learned Government Advocate. In the course of the short order tile appellate Court had stated that the evidence had been perused and the verdict of the trial Magistrate based on recorded evidence was totally sustainable.