PASUPATHI Vs. STATE

JUDGEMENT

(1.) It is said that, for some, adversity visits in geometric progression and Jeyaraj (de facto complainant/second respondent herein) is one such unfortunate human being, as could be seen from the facts that would be unfolded hereinafter.

(2.) Jeyaraj was working as a Police Constable and he had purchased a new TVS Star City motorbike. On 17.01.2011, he went in his new motorbike with his wife and son to worship in a nearby temple and was returning home. Since he wanted to attend to the nature's call, he parked his motorbike on the roadside and his wife and son were standing beside the motorbike while he was easing himself in a nearby bush. At that time, a Maruti car driven by Pasupathi, the accused, mowed Jeyaraj's wife and son to death.

(3.) On the complaint of Jeyaraj, the first respondent police registered a case in Cr. No.38 of 2011 on 17.01.2011 and arrested Pasupathy on the same day. Pasupathy was released on bail pending investigation. After completing the investigation, the police filed charge sheet before the Judicial Magistrate Court No. III, Dindigul, which was taken on file as C.C.No.32 of 2014 and cognizance was taken by the said Court on 07.02.2014 for offences under Sec. 304-A, IPC (2 counts) against Pasupathy.