S SAKIR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was arrayed as accused in C.C. No. 373 of 2005 on the file of the learned Judicial Magistrate No.I, Tiruppur, was tried for the offence punishable under Section 279 and 304-A of IPC. After trial, the trial court convicted the petitioner for the offence under Section 279 of IPC and sentenced to pay fine of Rs.1,000.00, in default, to undergo one month imprisonment and also convicted him under Section 304-A of IPC and sentenced to undergo one year rigorous imprisonment with fine of Rs.1,000.00, in default, to undergo one month imprisonment. Aggrieved by the judgment of the trial court, the petitioner filed an appeal before the appellate Court. The appellate Court, while confirming the conviction imposed on the petitioner for the offences under Sections 279 and 304-A of IPC, set aside the sentence of punishment of fine of Rs.1,000.00 imposed on the petitioner for the offence under Section 279 of IPC and also modified the sentence of one year imposed on the petitoiner under Section 304-A of IPC to six months, however enhanced the fine amount of Rs.1,000.00 to Rs.2,000.00, in default to undergo imprisonment for three months. As against the same, the present Criminal Revision Case is filed.

(2.) THE facts of the case, as could be unfolded from the records, is that on 10.07.2005 at 8.30 pm, PW3 was riding a motor cycle bearing Registration No. TN 39 S 4617 in which the deceased Madurai Veeran was travelling as a pillion rider. When the vehicle was nearing Bishop School in Angeripalayam Road, the Maruti Car bearing Registration No. TN 39 AC 4008, which was coming in the opposite direction and was driven by its driver in a rash and negligent manner, hit the two wheeler driven by PW3. After dashing the two wheeler, the car rammed into the compound wall of the school. In the impact, PW3 as well as the deceased sustained grievous injuries and were taken for treatment to Government Hospital, Tirupur, from where, they were referred to Coimbatore Medical College Hospital, Coimbatore. In this context, a complaint was given by PW1 to the respondent police based on which the case in Crime No. 1781 of 2005 came to be registered for the offences punishable under Section 279 and 338 of IPC on 10.07.2005. Based on the registration of the case, PW11, Sub-Inspector of Police commenced investigation and recorded the statement of the witnesses. During the course of investigation, on 12.07.2005, Inspite of treatment, the deceased Madurai Veeran died in the hospital. Therefore, the FIR in Crime No.1781 of 2005 was altered into one under Section 304-A of IPC.

(3.) ON the other hand, the learned Government Advocate appearing for the respondent would contend that Pws 1 and 3 are the eye witnesses in this case and they have categorically stated that the car was coming in the opposite direction in a high speed and dashed against the two wheeler driven by PW3, even though there was a speed breaker in the accident spot. Thus, inspite of the speed breaker, the car was driven at a high speed which resulted in the accident. In fact, after hitting the two wheeler driven by PW3, the car rammed into the compound wall of Bishop's school near the accident spot, which would indicate the rash and negligent driving with which the car was driven. The revision petitioner, immediately after causing the accident, ran away from the scene of occurrence and he was caught hold of by the passers-by who crowded the accident spot. In other words, the petitioner was caught red handed by the passers-by and his identity was clearly established. The courts below analysed the evidence available on record and came to a correct conclusion. Therefore, the order passed by the courts below need not be interfered with.