In this criminal revision filed against a conviction for rash and negligent driving causing death, the High Court confirmed the conviction but reduced the imprisonment sentence to the period already undergone by the petitioner while confirming the imposed fines.
Conviction and fines confirmed; imprisonment reduced to the period already undergone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CRL.R.C.NO.657 OF 2014
Dhanasekaran
.. Petitioner
Versus
State of Tamil Nadu Rep. by The Inspector of Police, Tindivanam Police Station, (Cr.No.212 of 2011) Villupuram District.
.. Respondent
Prayer : Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., to call for the records pertaining to the order dated 27.06.2014 made in C.A.No.80 of 2013 on the file of the I Additional District and Sessions Judge of Tindivanam confirmed the order dated 11.11.2013 in C.C.No.45 of 2013 on the file of the Judicial Magistrate Court No.I, Tindivanam, set aside the same and allow the revision.
For Petitioner : Mr.Venkataswamy Babu
For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
This Criminal Revision Case is filed by the petitioner/accused against the judgment of the learned Judicial Magistrate No.I, Tindivanam dated 11.11.2013 in C.C.No.45 of 2013, thereby convicting the petitioner/accused for the offences under Sections 279, 338, 304-A of I.P.C and imposing a fine amount of Rs.500/- for the offence under Section 279 of I.P.C in default to undergo one month Simple Imprisonment; for the offence under Section 338 of I.P.C, fine amount of Rs.1,000/- in default to undergo one month Simple Imprisonment and a sentence of six months Simple Imprisonment for the offence under Section 304-A of I.P.C and fine of Rs.1,000/- in default to undergo one
month Simple Imprisonment and the judgment of the learned I Additional District and Sessions Judge, Tindivanam dated 27.06.2014 in Crl.A.No.80 of 2013 confirming the conviction and sentence imposed by the Trial Court.
considering the fact that the accused was present in the accident spot and did not flee the scene; considering his age then and now; and his family position; taking into account that there is no antecedent; and the present socio economic condition that currently he is working only as agricultural laborer; while confirming the conviction as imposed by the Trial Court and confirmed by the lower Appellate Court, I am inclined to modify the sentence imposed for the offence under Section 304-A of the Indian Penal Code as the period which the petitioner has already undergone. The fine amounts imposed by the Trial Court are confirmed.
Sd/-
Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar
grs
To
Crl.R.C.No.657 of 2014
GPL(CO)
RLP(16/12/2021)
2 issues framed by the court
Whether the sentence awarded for the offences under Sections 279, 338 and 304-A of the Indian Penal Code should be reduced considering the petitioner's period of incarceration and socio-economic condi
Whether to confirm or modify the conviction and sentence imposed by the trial court in a rash and negligent driving case resulting in death.
2 provisions across 1 enactments
Dhanasekaran
State of Tamil Nadu Rep. by The Inspector of Police
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
