RAMALINGAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed challenging the order passed by the Additional District Sessions Judge (Fast Track Court No. 2), Tuticorin, in C. A. No. 38 of 2007, dated 04. 02. 2008.

(2.) The case of the prosecution is that on 11. 1 2005 at about 11 a. m in between Kuruvinatham junction on Salnayakkanpatti-Pasuvanthanai main road, while Annamuthu (PW2) riding his M-80 two wheeler TN-69-Z-3289 along with his two daughters as pillion riders, at the time, the accused drove the Hero Honda TN-69-J-8831 in a rash and negligent manner and dashed against M80 two wheeler. In that process, Annamuthu and his elder daughter Pechiammal (PW4) sustained simple injuries all over the body, while his younger daughter Chinna Pechiammal sustained grievous injuries and thereafter she succumbed to injuries. The Inspector of Police, attached to Koppam Patti Police Station filed a final report under Section 279, 337 (2 counts) and 304(A) IPC against the accused examining the witnesses.

(3.) In the trial court, 14 witnesses were examined, 10 Exhibits and MOs1 to 6 were marked. When the accused was questioned about the incriminating circumstances, he denied the same. The trial court convicted the revision petitioner/sole accused for the offence under Section 279 IPC and imposed a fine of Rs. 500/-, in default to suffer 3 months of SI; convicted under Section 337 (2 counts) and imposed a fine of Rs. 500/- for each count, in default to suffer SI for 3 months and also convicted under Section 304(A) IPC and sentenced him to suffer 6 months of RI and to pay a fine of Rs. 500/-, in default to suffer 3 months of SI. Aggrieved by the conviction and sentence passed by the trial court, the revision petitioner filed an appeal in C. A. No. 38 of 2007, which was heard by the Additional District Sessions Judge (Fast Track Court No. 2), Tuticorin. The first appellate Court modified the sentence in respect of offence under Section 304(A) IPC into 3 months of RI and confirmed the findings of the trial court in other aspects. Hence, this criminal revision.