P.KANAKARAJ Vs. STATE

JUDGEMENT

(1.) The petitioner was convicted by the learned Judicial Magistrate No.IV, Tiruppur (Trial Court) vide judgment, dtd. 13/9/2017 in C.C.No.224 of 2017 and sentenced to undergo Simple Imprisonment for six months for offence under Sec. 304(A) IPC and to pay a fine of Rs.1,000.00 for offence under Sec. 279 IPC in default to undergo Simple Imprisonment for one week. Aggrieved over the same, the petitioner preferred an appeal before the learned I Additional District and Sessions Judge, Tiruppur (Lower Appellate Court) in Crl.A.No.103 of 2017 and the same was dismissed vide judgment, dtd. 3/2/2021 confirming the conviction and sentence of the Trial Court. Challenging the same, the present criminal revision case is filed.

(2.) Gist of the case is that on 16/11/2011 at about 11.00 a.m., the deceased Surendar while driving his two wheeler viz., TVS Victor bearing Reg.No.TN-39-AC-2125 from North to South in Tiruppur-Palladam road with the pillion rider/PW1, near Tamil Nadu Theatre, the petitioner came in the same direction in the lorry bearing Reg.No.TN-39-J-1566 in rash and negligent manner and dashed behind the two wheeler of the deceased. Due to which, the rider of the two wheeler fell on the right side of the road and the pillion rider/PW1 fell on the left side. Suddenly, the rider of the two wheeler was run over by the rear wheel of the lorry driven by the petitioner. Due to which, the face of the deceased got crushed and later died. Thereafter, PW1 lodged a complaint (Ex.P1) to PW6, who registered FIR and placed the case before PW7, Investigating Officer. PW7 visited the scene of investigation, prepared Observation Mahazar (Ex.P2), Rough Sketch (Ex.P6) in presence of PW3, enquired the witnesses, recorded their statements and sent the two vehicles involved in the accident to PW5, Motor Vehicle Inspector. PW5 examined the vehicles and issued Motor Vehicle Reports (Exs.P3 and P4). After conducting inquest, the body of the deceased handed over to the Postmortem Doctor/PW4 who conducted Postmortem and issued Postmortem Certificate (Ex.P7). On conclusion of investigation, charge sheet filed before the Trial Court.

(3.) During trial, on the side of the prosecution, seven witnesses examined as PW1 to PW7 and seven documents marked as Exs.P1 to P7. On the side of the defence, no witness examined and no document marked. On conclusion of trial, the Trial Court convicted the petitioner as stated above and the same was affirmed by the Lower Appellate Court.