MOHAMMED MUSTAFA Vs. STATE

JUDGEMENT

(1.) The revision petitioner is a senior citizen, aged about 70 years. The respondent laid final report against him before the learned Judicial Magistrate No.II, Usilampatti, alleging that the petitioner had committed an offence punishable under Section 304-A I.P.C. By judgment dated 08.11.2013, the trial Court convicted him under Section 304-A I.P.C, and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three weeks. Challenging the same, he filed an appeal in C.A.No.48 of 2013. The learned IV Additional District and Sessions Judge, Madurai, by judgment dated 16.12.2014, has dismissed the appeal, thereby confirming the conviction and sentence imposed on him. The lower Appellate Court, however, issued a direction to the trial Court to take appropriate steps to consider for releasing the accused on Probation of Offenders Act, 1958 or to imprison him to serve the remaining period of sentence. Challenging the above conviction and sentence, the petitioner has come before this Court with this revision.

(2.) The case of the prosecution in brief is as follows:

(3.) Based on the above materials, the trial Court tried the accused for the offence under Section 304(A) I.P.C. The accused denied the same. In order to prove the charges, the prosecution examined as many as 12 witnesses, of whom P.Ws.1, 2, 3 and 7 are the eye-witnesses. P.W.4 is the wife of the deceased and she is not an eye-witness to the occurrence. P.W.9 is the Sub- Inspector of Police, who registered the case and who has spoken about the same. P.W.10 is the motor vehicle Inspector, who examined both the vehicles viz., the car as well as the motorcycle and opined that there was no mechanical defect found in both the vehicles. P.W.11 - Dr.Parimala Selvi has spoken about the autopsy conducted by her and P.W.12 has spoken about the entire investigation done.