Bus driver convicted of rash and negligent driving after his bus capsized into a gorge, killing four and injuring many. Revision challenged the concurrent convictions under Sections 279, 337, 338 and 304-A IPC. The High Court found the eyewitness evidence overwhelming and dismissed the revision.
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.
Crl.R.C. No. 465 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
CRIMINAL REVISION CASE No. 465 of 2023
&
Crl.M.P. No. 3587 of 2023
Sivakumar @ Siva
..Petitioner
Vs.
The State rep. By Denaducombai Police Station, Denaducombai Post, The Nilgiris, Crime No. 50 of 2006. ..Respondent
Prayer: Criminal Revision under Section 397(1) r/w 401 Cr.P.C. as
against the judgment dated 06.01.2023 passed in Crl.A. No. 53 of 2019 by the learned Sessions Judge of Magalir Neethimandram (FTMC), Udhagamandalam of Nilgiris confirming the judgment dated 22.08.2019 passed in C.C. No. 128 of 2006 by the learned Judicial Magistrate, Udhagamandalam, The Nilgiris.
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Crl.R.C. No. 465 of 2023
For Petitioner :: Mr.A. Bobblie For Respondent :: Mr. S. Udayakumar, Govt. Advocate (Crl.Side)
O R D E R
The criminal revision challenges the judgments of conviction and sentence as against the petitioner for the offences under Sections 279, 337(30 counts), 338(10 counts) and 304(A) (4 counts) IPC rendered by the Courts below.
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Crl.R.C. No. 465 of 2023
the evidence of the injured witnesses and also the other relevant materials held that the prosecution has established that the bus was driven in a rash and negligent manner by the petitioner and found the petitioner guilty of the offences aforesaid. The Appellate Court also confirmed the finding of guilt and the sentence imposed by the Trial Court. Hence, the present revision.
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substantiated and in any case, the eye witnesses have falsified this defence and that therefore, the judgments of the Courts below do not warrant any interference in the present revision.
on record.
injured witnesses suggesting that the petitioner is guilty of rash and negligent driving, this Court is of the view that the judgments of conviction
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and sentence rendered by the Courts below cannot be faulted with. Further,
the sentences imposed by the Courts below, which are just and reasonable
have been directed to run concurrently and hence, no interference is called for.
dismissed. Connected miscellaneous peitions are closed.
16.12.2024
nv
To
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Crl.R.C. No. 465 of 2023
SUNDER MOHAN,J .
nv
Crl.R.C. 465 of 2023
16.12.2024
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2 issues framed by the court
Whether the petitioner's conviction for rash and negligent driving causing death and injuries was sustainable on the evidence of eyewitnesses.
Whether the concurrent sentences imposed by the courts below warranted interference or reduction.
5 provisions across 2 enactments
Sivakumar @ Siva
The State rep. by Denaducombai Police Station, Denaducombai Post, The Nilgiris, Crime No. 50 of 2006
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
