SURESH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision in R.C.No.1094 of 2015 is filed by the petitioner/accused aggrieved by Judgment of the learned Judicial Magistrate, Rasipuram dtd. 23/4/2014 in C.C.No.64 of 2011, thereby convicting the petitioner for the offences under Sec. 279 of IPC and imposing fine of Rs.500.00 in default, to undergo one month simple imprisonment and under Sec. 304A of IPC and imposing fine of Rs.3,000.00 in default, to undergo one year simple imprisonment and under Sec. 185 of Motor Vehicles Act, 1988 and imposing fine of Rs.1,000.00 in default, to undergo one week simple imprisonment for the offence under Sec. 3 read with Sec. 181 of the Motor Vehicles Act, 1988 imposing fine of Rs.500.00 in default, to undergo simple imprisonment for a period of one week and the Judgment of the learned Principal Sessions Judge, Namakkal dtd. 10/6/2015 in C.A.No.21 of 2014, thereby dismissing the appeal preferred by the petitioner/accused and confirming the conviction and sentence passed by the learned Judicial Magistrate, Rasipuram.

(2.) On 10/10/2020, P.W-1 went to Vennandur Police Station and lodged a complaint stating that on the same date at about 7.00 pm atVellaipillaiyar Kovil Nadar Street, her younger son namely Elango aged about five years who was taken out by her mother-in-law for defecation and when the child was defecating in the western side margin of the road, the petitioner/accused who was riding a motor cycle bearing Registration No.TN-27-W-5333, drove the same in a rash and negligent manner, hit the child and the child suffered severe head injuries and upon taken to hospital, the child was pronounced as "brought dead".

(3.) Upon the said complaint, P.W-13 Inspector of Police/Investigating Officer registered a case in Crime No.474 of 2010 and completed the investigation and made a final report before the learned Judicial Magistrate, Rasipuram proposing the petitioner/accused guilty of the offence under Ss. 279, 304A of IPC and Ss. 185, Sec. 3 read with Sec. 181 of the Motor Vehicles Act, 1988. The learned Judicial Magistrate, Rasipuram took the case on file as C.C.No.64 of 2011 and upon the issuance of summons and furnishing of copies as per Sec. 207 of the Criminal Procedure Code, the petitioner/accused denied the charges and stood for trial. Thereafter, the prosecution examined P.W-1 to P.W-13 and marked Exs.P-1 to P-10.