JESUDURAI Vs. STATE

JUDGEMENT

(1.) PETITION filed under Section 397 r/w 401 of Cr.P.C. against the judgment dated 29.12.2005 passed by the learned Additional District cum Sessions Judge, (IV Fast Track Court) in Cr.A.No,203 of 2005 confirming the conviction and sentence imposed in the order dated 12.4.2005 passed by the IV Metropolitan Magistrate, Saidapet, in C.C.No,6687 of 2003. Animadverting upon the judgment dated 29.12.2005 passed by the learned Additional District cum Sessions Judge (IV Fast Track Court) in Cr.A.No,203 of 2005 confirming the conviction and sentence imposed by the IV Metropolitan Magistrate, Saidapet, in C.C.No,6687 of 2003, dated 12.4.2005, this criminal revision case is focussed.

(2.) COMPENDIOUSLY and concisely, the case of the revision petitioner, as stood exposited from the records could be narrated thus: On 22.2.2003, at about 11.45 p.m., the offending vehicle, viz., Qualis Car, bearing Registration No,2626, which was driven by the accused in a rash and negligent manner, was negotiating along Brindavan Street, West Mambalam, from West to East and dashed against a cycle, which was ridden by Palanivelu by having his colleague Senthil kumar as pillion rider, from behind and caused fatal injury to Senthilkumar and simple injuries to Palanivelu. The lower Court convicted the accused for the offence under Sections 304(A), 337 IPC and Section 184 of the Motor Vehicles Act, based on the evidence of P.Ws.1, 2, 3 and 5 and also placing reliance on the medical evidence of Doctors P.Ws.6 and 7 and other documents and imposed the following sentences:

(3.) THE learned Additional Public Prosecutor would invite the attention of this Court to the evidence of P.Ws.1, 2, 3 and 5 and develop his argument to the effect that copiously and cogently, convincingly and truthfully those witnesses, without any embellishment detailed and delineated the occurrence.