M. SRIDHAR Vs. STATE

JUDGEMENT

(1.) The petitioner/accused in C.C.No.316 of 2014 was convicted by the learned Judicial Magistrate, Thiruvarur, by judgment dtd. 9/8/2016 for the offence under Sec. 304(A) of IPC, sentencing him to undergo one year Simple Imprisonment and imposed a fine of Rs.1,000.00, in default to undergo two weeks Simple Imprisonment. The learned District Sessions Judge, Thiruvarur, by judgment dtd. 16/12/2016 dismissed the appeal filed by the petitioner/accused by confirming the conviction and sentence imposed by the Trial Court. Against which, the present revision petition is filed.

(2.) The respondent examined P.W.1 to P.W.13 and marked Ex.P1 to Ex.P8 during the trial. On the side of the defence, no witness was examined and no documents were marked.

(3.) The gist of the case is that on 26/7/2014, at about 8.45 a.m., the deceased Subbiah, father of P.W.1, riding in a two wheeler, viz., TVS Super Excel bearing registration No.TN 49 U 1518 was proceeding in the west to east direction in Pudukudi road. At that time, a vehicle, namely, TATA Magic Maxi Cab bearing registration No.TN 51 AA 5005 came from east to west direction dashed against the said Subbiah, who got injured. Thereafter, P.W.1 and P.W.2 took him to Government Hospital, Thiruvarur and he was referred for further treatment at Government Hospital, Thanjavur where he succumbed to the injuries. On 26/7/2014, P.W.12 received information from the Hospital, he reached hospital where the said Subbiah was in an unconscious state, hence statement was recorded from P.W.1 and complaint/Ex.P1 was received. Based on the complaint/Ex.P1, FIR was registered in Crime No.276 of 2014 for the offence under Ss. 279 and 337 of IPC. Thereafter, P.W.12 visited the scene of occurrence, examined the witnesses present in the scene of occurrence, prepared observation mahazar and rough sketch. On 28/7/2014, P.W.12 received the information about the death of the said Subbiah and thereafter alteration report was filed. P.W.13 took up the further investigation, examined the witnesses, conducted inquest and sent the body for postmortem. In the meanwhile, on 30/7/2014, the accused appeared before the Police Station and surrendered. He was arrested and produced before the learned Magistrate and on completion of investigation, charge sheet was filed in this case. The Trial Court, on examination of the witnesses and documents found the petitioner guilty, convicted him and the Lower Appellate Court confirmed the conviction as stated above.