SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner/accused in C.C.No.272 of 2008 was convicted by the trial Court by the judgment dtd. 15/9/2017 for offences under Ss. 279, 337, 338, 304(A) of I.P.C. r/w Sec. 184 of Motor Vehicles Act (in short 'MV Act') and sentenced to undergo one month simple imprisonment for the offence under Sec. 279 of I.P.C., sentenced to undergo one month simple imprisonment for the offence under Sec. 337 of I.P.C., sentenced to undergo three months simple imprisonment for the offence under Sec. 338 of I.P.C., sentenced to undergo two years simple imprisonment and to pay a fine of Rs.9,000.00, in default, to undergo three months simple imprisonment for offence under Sec. 304(A) of I.P.C. and sentenced to undergo one month simple imprisonment and to pay a fine of Rs.1,000.00, in default, to undergo two weeks simple imprisonment for offence under Sec. 184 of M.V. Act. Aggrieved against his conviction, the petitioner, preferred an appeal in C.A.No.306 of 2017 before the learned III Additional District and Sessions Judge, Coimbatore. The learned Sessions Judge, by the judgment dtd. 16/4/2021, partly allowed the appeal confirming the conviction and sentence of the petitioner for offence under Ss. 279, 337 (3 counts), 304(A) of I.P.C. r/w 184 of M.V. Act and setting aside the conviction and sentence for offence under Sec. 338 of I.P.C. against which, the present revision is filed.

(2.) The gist of the case is that on 1/5/2008, the de-facto complainant lodged a complaint to the Inspector of Police, Kinathukadavu Police Station stating that on 1/5/2008 at about 12.00 noon he was riding his TVS XL Super in Coimbatore to Pollachi road proceeding towards south to north side and when he came near Mappillai Gounder Thottam, a Maruti 800 car bearing Registration No.TN-38-AR-7175 was proceeding before him. At that time, a Mahindra Maxi cab van came from north to south direction in a rash and negligent manner and dashed against the Maruti 800 car and the Mahindra van dashed against another TVS 50 bearing registration No. TN-41-D-6139. The impact of accident was with force. The driver and the occupants of the Maruti 800 car were seriously injured. With the help of passersby, the driver of Maruti 800 car Vaitheeswaran, the co- occupants his wife Sivagami and children Priya and Sriram all rescued and were taken to Government Hospital, Pollachi, where the driver of the Maruti 800 car Vaitheeswaran declared brought dead. The injured initially took treatment at Government Hospital thereafter at Sakthi hospital. The petitioner is driver of Mahindra Maxi cab van bearing Registration No.TN-58-B- 0308. PW1/de facto complainant lodged a complaint to PW12, who registered an F.I.R. in Crime No.143 of 2008 for offence under Ss. 279, 337, 304(A) of I.P.C. r/w 184 of M.V. Act. PW14 took up investigation, examined the witnesses, visited the scene of occurrence, prepared observation mahazar, rough sketch, produced vehicle for Motor Vehicle inspection, conducted inquest, sent the body for post-mortem and on his transfer PW13 took up further investigation, examined the witnesses. In the meanwhile, on 6/5/2008, petitioner surrendered. The Motor Vehicle Inspector report obtained, post-mortem report and other reports received and thereafter charge sheet filed.

(3.) During trial, on the side of the prosecution PW1 to PW15 examined, Exs.P1 to P10 marked. On the side of the defence, no witnesses examined and no documents marked. On conclusion of trial, the trial Court convicted the petitioner as stated above.