KASIRAJAN Vs. THE STATE AND ORS.

JUDGEMENT

(1.) THE petitioner stood charged for the offences punishable under Section 279 and 304 (A) of IPC and tried before the learned Judicial Magistrate No. VII, Coimbatore. Ultimately, after trial, the petitioner was convicted for the offences under Section 279 and 304 (A) of IPC and sentenced to undergo one year simple imprisonment and to pay a fine of Rs. 1000/ -, in default, to undergo one month simple imprisonment for the offence under Section 304 (A) of IPC. Since the offence under Section 304 (A) IPC includes the offence under Section 279 IPC, separate sentence not imposed for the offence under Section 279 IPC. Questioning the correctness of the order of conviction and sentence imposed on him, the petitioner has filed Crl.A. No. 39 of 2014 before the learned IV Additional District and Sessions Judge, Coimbatore, and by judgment dated 16.9.2014, the appellate court dismissed the appeal in one line order by confirming the judgment of the trial Court.

(2.) THE case of the prosecution, as could be unfolded from the materials on record, is that on 07.5.2009 at about 10.30 pm, the petitioner was driving the Mini Door Vehicle bearing Registration No. TN 38 S 4635 and when the vehicle was proceeding towards West in Coimbatore to Palakkad Main road, due to the rash and negligent driving of the petitioner, the vehicle hit on the back side of the stationery lorry bearing Registration No. KL 09 A 8811. Due to the said accident, the occupant of the vehicle, namely, Muthukumar, died on the spot.

(3.) ON a careful perusal of the entire records, it is seen that the advocate, who appeared on behalf of the petitioner, was not willing to argue the matter before the appellate Court. The petitioner/appellant was also not present before the appellate Court. Therefore, the appellate Court straightaway dismissed the appeal in one line order without giving any reasons. The order of the appellate Court reads thus: -