CHAKKARAVARTHI Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that on 21.06.2006, at about 8.30 p.m., the petitioner has dashed the Tractor against the victim at Cross Road, Sethiathope, due to which, the victim sustained grievous head injuries and died. Hence, a case was registered against the accused for the offence punishable under Section 304(A) IPC. Ultimately, after trial, the Trial Court convicted the accused for the aforesaid offence and sentenced him to undergo rigorous imprisonment for one year. Aggrieved against the same, the accused has filed Crl.A. No. 114 of 2007 before the learned Additional District and Sessions Judge, Fast Track Court No.I, Chidambaram, and the same was dismissed by judgment dated 28.01.2009, thereby, confirming the judgment of conviction and sentence imposed by the Trial Court. Aggrieved by the judgment passed by the Appellate Court, the petitioner has filed the present Criminal Revision Case.

(2.) Today, though, the matter is listed under the caption "Old Year Cases", when the matter is taken up, there is no representation for the petitioner. The Hon'ble Apex Court in the judgment Prasuram Patel & another vs. State of Orissa, 1994 4 SCC 664 has held that the Criminal Appeal cannot be dismissed for default in appearance of the appellant, but, the Court must decide the matter on merits even in the absence of the appellant or his counsel.

(3.) It is also relevant to refer to the judgment of the Hon'ble Apex Court K.S.Panduranga vs. State of Karnataka, 2013 3 SCC 721 wherein, the Hon'ble Apex Court has culled out certain principles and has held in paragraph No.19 as follows:-