R LAWRENCE Vs. V PRASAD

JUDGEMENT

(1.) THE complainant and the brother of the deceased, by name lawrence, who was examined as P. W. 1 before learned Judicial Magistrate, padmanabhapuram in C. C. No. 530 of 1987 is the revision petitioner herein, who challenged the propriety and legality of the impugned judgment of acquittal made by learned Judicial Magistrate in the abovesaid case on 7. 6. 1990, acquitting the first respondent from the offences under Sec. 304-A of the Indian penal Code and Secs. 86 (2) and 106 read with 112 of the Motor Vehicles Act.

(2.) AT about 4. 45 p. m. on 1. 9. 1987, when P. W. 1 by name lawrence and his younger brother Rajen, after the schooling was over, were returning on the road in between Thiruparappu and Kaliyal and also the electric posts F-11/95 and F-11/160 towards south on its left side, the car bearing registration number T. N. I. 3435, driven by the first respondent/accused in arash and negligent manner, without sounding horn, coming from Kaliyal, dashed against the deceased, as a result of which he sustained injuries on his head, leg, thighs and knees and consequently, he was taken to the Government hospital, Kottar in the same vehicle by the first respondent/ accused along with one Nesamani and Murugappan and they reached the hospital, where the doctor after initial treatment pronounced at the deceased passed away at about 7. 00 p. m. itself. P. W. 2 Rajamani has supported the case of P. W. 1 and in fact, rendered all corroboration to the claim of P. W. 1. P. W. 3 Dr. Sathiavathi Devi claimed that at about 11. 50 a. m. on the next day viz. , 2. 9. 1987 she conducted autopsy over the dead body of the deceased Rajan and found the following injuries: 1. Sutured wound over the left parietal region 1" in length. Two sutures present. 2. Defermity of the right thigh due to fracture. 3 Broad abrasion over the anterior aspect of left thigh 4" x 4". Clotted blood present. 4 Abrasion over the anterior aspect of left by upper 1/3rd 1" x 2". Clotted blood present. 5 Small abrasion over the anterior aspect of middle of right thigh 1/2" x 1/2". She found fracture on the right thigh with clotted blood of 500 grams. She also found blood clot in the brain. She is of the opinion that the deceased would have died due to the injury on his head, about 24 hours prior to the post-mortem examination. Ex. P-1 is the post-mortem certificate issued by P. W. 3. P. W. 4 gave evidence which probably may not be in support of the prosecution. P. W. 5 is the attestor of the observation mahazar Ex. P-2 prepared at about 3. 00 p. m. by the Sub Inspector of Police, Thakkalai, The bloodstained earth and grass M. O. 1, tiffin box M. O. 2 and books and notes M. O. 3 series, were recovered under the cover the Ex. P-3 P. W. 6 is another doctor who speaks to the factum of giving treatment to the deceased boy by 7. 00 p. m. , but his treatment ended in vain and the patient passed away. P. W. 7 Dr. Natarajan attached to the Government Hospital, Kottar, admitted the deceased for treatment and sent intimation Ex. P-4 to the Kottar Traffic Police Station about the admission of the injured boy. P. W. 8 declines to say anything and he was treated as hostile.

(3.) WHEN learned Government Advocate, Mr. A. N. Rajan was prompted with the above aspects, a direction was given to him to get the case diary and the concerned police officers. Accordingly, the present Station House officer of Thakkalai Police Station with the concerned Head Constable were present in the Court, But however, it is rather perturbing to note that they claimed to have received no summons from the court, I am not inclined to believe the said version for the very reason that it is incumbent on the part of the police personnel to take notice of the stages of the criminal trial and to produce all the witnesses to maintain law and order and render justice. The investigating agency owes duty not only in the court, but also to the society in its entirety. Unless or until the above fact is put with conscious, no rule or law can be enforced or implemented in the present civilized world. However, learned Government Advocate assures for the production of the official witnesses, explaining their non appearance as one that happened due to communication gap. As I feel that redressal provided under the law has to be given for causing death to a innocent boy by a person due to his own negligence which may be in different forms, the trial court must be fair enough to do its duty in rendering justice by examining all the witnesses and materials as contemplated by the law and procedure. With the said view, I am inclined to set aside the impugned judgment by allowing this revision though the occurrence had taken place long back, I will remit back the whole matter to the file of learned Judicial Magistrate once again for fresh disposal after giving opportunity to both the sides to adduce legal evidence, in accordance with the law, which will alone, in my considered view, meet the ends of justice in this case.