SUDHAKAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner to set aside the judgment and conviction passed by the learned Additional District and Sessions Judge, Kumbakonam, Thanjavur District in Crl.A.No.77 of 2017 on 25/3/2019, in confirming the judgment and conviction passed by the learned II Additional District Munsif cum Judicial Magistrate No.I, Kumbakonam, Thanjavur District in C.C.No. 134 of 2006 on 4/11/2017.

(2.) The petitioner herein is accused in C.C.No.134 of 2006 and he was convicted under Sec. 304A of IPC and sentenced to undergo two years simple imprisonment. Aggrieved by the said judgment and conviction, the petitioner herein preferred an appeal in Crl.A.No.77 of 2017 before the learned Additional District and Sessions Judge, Kumbakonam, Thanjavur District and the learned Additional District and Sessions Judge also confirmed the judgment and conviction passed in C.C.No.134 of 2006, by dismissing the appeal by a judgment dtd. 25/3/2019.

(3.) According to the prosecution case, on 31/3/2006 at about 19.15 hours, in the main road of Kathiramangalam Vellaipillaiyar kovil Street, opposite to house of Ramalingam, when the deceased Balaya was proceeding from west to east by walk, a bus bearing registration No.TN-46-B-2799, which was came in opposite direction driven by the accused in a rash and negligent manner and dashed against the said Balaya and thereby, he sustained injuries and died on the spot. Thereafter, the petitioner was charged for the offence under Sec. 304A of IPC. After the occurrence, the complaint Ex.P1 was given by P.W.1 and based on the complaint given by P.W.1, P.W.9 registered FIR, Ex.P2. Thereafter, the case has been investigated by P.W.1 and after investigation, they filed final report as against the petitioner under Sec. 304A of IPC. Thereafter, the accused was served copies under Sec. 207 of Cr.P.C. Thereafter, the learned Judicial Magistrate after hearing both sides has framed charge under Sec. 304A of IPC and read over and explained about the charge and the accused denied the charge.