ABDUL KHAIYUM Vs. STATE

JUDGEMENT

(1.) This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence of imprisonment imposed by the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai by judgment dtd. 13/12/2023 made in S.C.No.85 of 2022 and enlarge the petitioner on bail pending disposal of the above appeal.

(2.) The petitioner/accused was convicted by the Trial Court in S.C.No.85 of 2022 for the offences under Sec. 185 of Motor Vehicles Act and Sec. 304(2) of IPC and sentenced him to undergo six months rigorous imprisonment and to pay a fine of Rs.10,000.00, in default, to undergo one month simple imprisonment for the offence under Sec. 185 of Motor Vehicles Act and to undergo five years rigorous imprisonment and to pay a fine of Rs.10,000.00, in default to undergo three months simple imprisonment for the offence under Sec. 304(2) of IPC. Both the sentences to run concurrently. Against which, the present appeal is filed along with suspension of sentence.

(3.) The case against the petitioner is that on 21/5/2021 at about 2.15 p.m. near KMC Hospital, EVR Periyar Highway and Barnabi Road junction opposite to Punjab National Bank, the petitioner/accused had driven the car bearing registration No.TN-01-AZ-9339 in an inebriated drunken state. The petitioner/accused drove the car in a rash and negligent manner dangerous to the road users and when he was proceeding from west to east direction towards Paris Corner, he dashed against the two wheeler Honda Activa bearing registration No.TN-04-AY-2407 and caused fatal head injuries to the rider of the two wheeler Selvi.Yamuna. Thereafter, she was rushed to KMC Hospital by P.W.1 and inspite of medical treatment, on the same day at about 5.45 p.m, she succumbed to injuries at Rajiv Gandhi Government Hospital. During that period, it was Covid-19 Pandemic situation and there was restriction for movement of vehicles and persons. On receipt of the complaint, P.W.13 registered a case in Crime No.117 of 2021 under Ss. 308 and 188 IPC and Sec. 185 of Motor Vehicles Act and thereafter, P.W.15 took up further investigation, visited the scene of occurrence, recorded the statement of witnesses, prepared observation mahazar, rough sketch, enquired the Doctors who gave treatment at KMC Hospital and Rajiv Gandhi Government Hospital, conducted inquest, sent the body for Postmortem and thereafter sent the two wheeler and the car to the Motor Vehicle Inspector. The petitioner/accused was arrested and produced before P.W.7 for breath analyser test and thereafter, the petitioner was produced before P.W.10/Doctor to confirm the petitioner's consumption of alcohol by blood and urine test. P.W.12 and P.W.14 are the Scientific Officers of Forensic Department. On collecting the materials and evidences, charge sheet filed before the Trial Court.