AYSHWARYA Vs. STATE

JUDGEMENT

(1.) The petitioner has been charged for the offences under Sections 279, 304(ii) IPC and 185 of the Motor Vehicles Act, 1988.

(2.) Heard Mr.B.Kumar, learned Senior counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl. Side) appearing on behalf of the respondent.

(3.) The case of the prosecution is that on 02.07.2016 at 04.25 hours, the petitioner herein had rashly driven a car bearing registration No.TN-01-AW-1403 in a drunken state and had hit a pedestrian who sustained grievous injuries and died on the spot. The car was secured at 05.45 hours and breath analyser test was conducted on the petitioner at 06.09 hours, whereby it was found that the alcohol content in her blood was 36mg/100 ml. Thereafter, the petitioner was taken to the Government Hospital at Saidapet at 08.00 hours and a blood sample was taken at 10.20 hours. The blood test result sent from the Forensic Science Lab proved negative. However since the breath analyser result detected alcohol content in her blood to be above 30mg/100ml, the petitioner was charged for the offences under Section 185 of the Motor Vehicles Act, 1988, along with Sections 279 and 304(ii) of IPC.