CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) This Revision is filed against the judgment of the learned I Additional District and Sessions Judge, Salem, in C.A.No.159 of 2023, dtd. 23/4/2024, thereby confirming the conviction and sentence imposed by the learned Judicial Magistrate No.4, Salem, in C.C.No.198 of 2017 by judgment 18/8/2023.

(2.) The case of the prosecution is that on 26/4/2017, P.W.6 / Special Sub-Inspector of Police received a complaint from P.W.1 stating that his father Ramamoorthy, aged about 72 years, left the house in his Honda Activa two wheeler bearing Registration No.TN 30 F 9425. At about 08:30 a.m., A Passer- by informed P.W.1 that his father met with an accident near the Petrol Pump and had sustained injury. Thereafter, P.W.1 rushed to the scene of occurrence wherein he was informed that at about 07:15 a.m. the defacto-complainant's father was turning towards the petrol pump and at that time, the Maruti Swift car proceeding towards Dadagapatty from Seelanaickenpatty Check Post from South to North came in a rash and negligent manner, dashed against the two wheeler of the deceased and caused accident and injury to the defacto-complainant's father and later, the defacto-complainant's father was succumbed to the injuries and declared dead.

(3.) Upon the said complaint, a case was registered in Crime No.342 of 2017 and after investigation, the Investigating Officer laid a final report proposing the petitioner herein guilty of the offences under Ss. 279 and 304-A of Indian Penal Code. The case was taken on file as C.C. No. 198 of 2017 and upon issue of summons and furnishing of copies and questioning, the petitioner denied the allegations stood trial. In order to bring home the charge, the prosecution examined P.W.1 to P.W.7 and marked Ex.P1 to Ex.P10. Upon being questioned about the material evidence and incriminating circumstances on record under Sec. 313 of the Code of Criminal Procedure, the accused denied the same as false. Thereafter, no evidence was let in on behalf the defence.