B SEKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner challenging the concurrent order of conviction assed by the Courts below.

(2.) The case of the prosecution, in brief, is as follows:- The revision petition is an autorishaw-driver. On 02.05.2006 at about 4.45 am, in front of the playgound of corporation school at Venkatanarayana Salai, T.Nagar, while the victim Sundareswaran, aged 65 years, was crossing the road from west to east at zebra line, the autorikshaw bearing Reg.No.TN-01-Q-0553, driven by the revision petitioner, came from south side in a rash and negligent manner and dashed against the victim, as a result of which the victim sustained multiple grievous injuries on his head and he died on the way to hospital. Hence, a criminal case in Crime No.154/TN/2006 was filed as against the revision petitioner/accused for the offences under Section 304(A) IPC and Section 184 of M.V.Act, 1988. After completion of investigation, the respondent-Police filed a chargesheet against the revision petitioner/accused.

(3.) The Trial Court, after considering the evidence both oral and documentary adduced on either side, by judgment dated 16.11.2009 in C.C.No.3380 of 2006, has convicted the revision petitioner/accused under Section 304(A) IPC and Section 184 of M.V.Act, 1988 and sentenced the revision petitioner/accused to undergo one year rigorous imprisonment and to pay a find of Rs.2000/- in default to undergo RI for further period of three months under Section 304(A) IPC and sentenced to pay a fine of Rs.1000/- in default to undergo RI for one month under Section 184 of M.V.Act. Aggrieved over the same, the revision petition/accused preferred an appeal in Crl.A.No.230 of 2009 before the learned IV Additional Sessions Judge at Chennai and the same was dismissed by the lower appellate Court on 29.03.2010 concurring with the findings of the trial Court. Hence, the revision petitioner has filed the present revision.