MUTHU Vs. STATE

JUDGEMENT

(1.) THE revision petitioner is the accused in C. C. No. 2108 of 1984 on the file of the IV Metropolitan Magistrate, Saidapet. He was found guilty for the offences under Secs. 304-A and 338 (two counts) I. P. C. , and secs. 116 and 86 (1) read with Sec. 112 and Rule 215 (A) read with Sec. 112 of the motor Vehicles Act, convicted thereunder and sentenced to rigorous imprisonment for one year and a fine of Rs. 500 in default rigorous imprisonment for three months for the offence under Sec. 304-A, I. P. C. , a fine of Rs. 600 in default to undergo rigorous imprisonment for four months for each of the two counts under sec. 338, I. P. C. , a fine of Rs. 100 in default simple imprisonment for four weeks for the offence under Sec. 116 of the Motor Vehicles Act, a fine of Rs. 25 in default simple imprisonment for two weeks for violation of Sec. 86 (1) read with sec. 112 of the Motor Vehicles Act, and a fine of Rs. 50 in default simple imprisonment for two weeks for violation of Rule 215 (a) read with Sec. 112 of the Motor Vehicles Act.

(2.) HE preferred the appeal in C. A. No. 147 of 1985 on the file of the IV Additional Sessions Judge, Madras . The learned Additions Sessions Judge confirmed the conviction and also the sentence in respect of the offences and the violation of the rules and sections of the Motor Vehicles Act, except reducing the sentence of rigorous imprisonment of one year into, one of four months alone under Sec. 304-A, I. P. C.

(3.) IN the result, the revision petition is partly allowed, the conviction and sentence under Secs. 30a and 338 (two counts) I. P. C. and under Sec. 116 of the Motor Vehicles Act are set aside and the revision petitioner is acquitted of those charges. The fine paid, if any, under those provisions are directed to be refunded to the revision petitioner. IN other respects, the criminal revision case shall stand dismissed. The bail bond executed by the revision petitioner shall stand cancelled.