In a criminal revision, the Madras High Court exercised revisional jurisdiction over a motor accident conviction causing death. The court modified the one-year simple imprisonment to three months, holding it sufficient for a non-intentional accident.
Sentence of simple imprisonment modified from one year to three months. Criminal Revision Case dismissed.
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BAIL SLIP
The Petitioner/Accused namely Dhanapal, aged 36 years, S/o.Govindaraj was released on bail as per order of this Court dated 24.03.2013 in CRL MP No.1/2013 in CRL RC 278/2013 by this Honourable Court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2018
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.278 of 2013 Dhanapal ... Petitioner/Accused Vs. The State by Inspector of Police Erode Taluk Police Station Erode. (Crime No.10 of 2006) ... Respondent/Complainant PRAYER : Criminal Revision Case filed under Section 397 and 401 Cr.P.C. Against the Judgment dated 07.12.2012 passed in C.A.No.154 of 2012 on the file of Principal Sessions Judge, Erode and confirming the conviction and sentence passed by the Learned Judicial Magistrate No.I, Erode in C.C.No.250 of 2006 dated 23.07.2012. For Petitioner : Mr.A.K.Kumaraswamy Senior Counsel for Mr.S.Kaithamalai Kumaran For Respondent : Mr.R.Ravichandran Government Advocate (Crl. Side)
ORDER
It is the case of the prosecution, that the deceased was proceeding in his TVS 50 Moped on Coimbatore – Erode road, from east to west. P.W.1 and his uncle also proceeding in another TVS 50 following the deceased. When they were nearing Mani Rice
Mill, Mettukadai, the bus bearing registration No.TN 33 AV 0707, while overtaking the lorry dashed against the moped in which the deceased was traveling. The deceased was thrown away as a result he sustained injuries. Immediately, he was taken to hospital where he succumbed to injuries. Therefore, P.W.1 gave complaint before the respondent police.
show that the prosecution was able to prove the case as projected and there is no perversity in the Judgment and conviction passed by both the Courts below. However, sentence is concerned, one year Simple Imprisonment is modified, instead of one year, the petitioner has to undergo Simple Imprisonment for the period of three months is ordered. Since the accident is not intentional, three months Simple Imprisonment will meet the ends of justice.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
Jer
To
1. The Principal Sessions Judge, Erode.
2. The Judicial Magistrate No.I, Erode.
3. Inspector of Police
Erode Taluk Police Station
Erode.
4. The Public Prosecutor
Madras High Court.
+1 cc to M/s.S.Kaithamalai Kumaran, Advocate Sr.No.64423
Crl.RC.No.278 of 2013
SJ(CO)
CSL/13.11.2018
1 issue framed by the court
Whether the High Court should modify the sentence of simple imprisonment in a revision case due to rash and negligent driving resulting in death.
3 provisions across 2 enactments
Dhanapal
The State
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
