Madras High Court
Kombaiya ... Revision vs The State Rep. By on 13 November, 2009
Author: P.Murgesen
Bench: P.Murgesen
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/11/2009 CORAM THE HONOURABLE MR.JUSTICE P.MURGESEN CRL.R.C.(MD)No.624 OF 2008 and M.P.(MD) Nos.1 and 2 of 2008 Kombaiya ... Revision Petitioner/ Appellant/Accused Vs The State Rep. by The Inspector of Police, Nallatin Pudur Police Station, Kovilpatti Taluk, Tuticorin District. ... Respondent/Respondent/ Complainant Prayer Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C. to set aside the order and conviction passed by the Additional District and Session Judge, Fast Track Court No.II, Tuticorin, dated 08.04.2008 made in C.A.No.116 of 2007 altering the conviction and sentence imposed on the petitioner by the trial Court viz., learned Judicial Magistrate No.1, Kovilpatti, Tuticorin dated 21.08.2007 made in C.C.No.251 of 2004. !For Appellant ... Mr.S.Palanivelayutham ^For Respondent ... Mr.P.Rajendran Government Advocate (Crl.Side) * * * :ORDER
This Criminal Revision Case is directed against the judgment passed by the Additional District and Session Judge, Fast Track Court No.II, Tuticorin, dated 08.04.2008, in C.A.No.116 of 2007 modifying the conviction and sentence imposed on the petitioner by the learned Judicial Magistrate No.1, Kovilpatti, Tuticorin dated 21.08.2007 made in C.C.No.251 of 2004.
2. The case of the prosecution briefly stated is as follows:
P.W.1-Muthupandi, P.W.2-Veyilumuthu and P.W.3-Muthupandi were working as loadmen. On 24.09.2003 at about 5.30 p.m. when they were traveling in the lorry bearing registration No.TCT-7484 along with Vellaichamy, Chelladurai and Poolpandi, the lorry was driven by the accused in a rash and negligent manner in between Nachiarpuram and Gopapuram and capsized the lorry, as a result of it P.W.1, Chelladurai, Poolpandi and Vellaichamy were buried in the sand and P.W.2 and 3 sustained injuries. Chelladurai and Poolpandi died on the spot and Vellaichamy died after some time. The said lorry belonged to P.W.13-Meeran Mohaideen.
3. After the occurrence, P.W.1 gave a complaint Ex.P.1 to the Police. On receipt of the complaint P.W.21-Subbiah, Head Constable registered a case in Crime No.124 of 2003 under Sections 279, 337, 338 and 304(4) I.P.C. Ex.P.10 is the printed F.I.R. He sent Ex.P.10 to the Judicial Magistrate and the copies to the higher officials.
4. On hearing about the occurrence P.W.4-Vijaya, P.W.5-Chellathai, P.W.9- Sankarammal and P.W.10-Irulayi, went to the Hospital and saw the injured and the deceased persons.
5. P.W.22-Olimuthu, Sub-Inspector of police took up the case for investigation and went to the scene of occurrence conducted inquest over the body of the deceased Poolpandi and Chelladurai and prepared Exs.P.11 and 14- Inquest Reports in the presence of panchayatars. On hearing the news of the death of Vellaichamy, he went to the house of Vellaichamy and conducted inquest over the body of the deceased in the presence of panchayatars and prepared Ex.P.12-Inquest report. P.W.6-Veyilumuthu, P.W.7-Francis, P.W.11-Madasamy and P.W.18-Rajangam were present at the time of inquest conducted over the body of the deceased. Then, he sent the body of deceased Poolpandi through P.W.16- Karuthamuthu, Head Constable, body of the deceased Vellaichamy through P.W.17- Rathamani, Head Constable and the body of deceased Chellathurai through P.W.23- Ganesan, Head Constable to the hospital for conducting postmortem.
6. P.W.24-Ramarajan, Inspector of Police took up the case for further investigation and went to the scene of occurrence and prepared Ex.P.3- Observation Mahazar and Ex.P.13-Rough Sketch in the presence of P.W.12- Veyilimuthu and P.W.19-Poolpandi.
7. P.W.15-Dr.Usain conducted postmortem over the body of the deceased Chelladurai and Poolpandi and issued Exs.P.5 and 6, postmortem certificates. P.W.20-Dr.Jeganathan conducted postmortem over the body of deceased Vellaisamy and issued Ex.P.7-postmortem certificate. P.W.14-Dr.Mariammal has examined P.W.1 and issued Ex.P.4-Wound Certificate.
8. P.W.24 arrested the accused and recovered the vehicle and sent the same for Motor Vehicle Inspector's Inspection. P.W.8-Saravanan Motor Vehicle Inspector examined the vehicle involved in the accident and gave his report Ex.P.2 stating that the accident did not occur due to mechanical defects. P.W.24 gave Exs.P.15 and P.16 requisition letters for sending the hyoid bone and viscera of Vellaisamy for chemical examination and Exs.P.8 and 9 are the reports regarding examination of hyoid bone and viscera. P.W.24 examined the witnesses and recorded their statements. After completing the investigation P.W.24 filed charge sheet against the accused under Sections 279, 337 and 304(A) (3 Counts).
9. Before the trial Court, P.Ws.1 to 24 were examined and Exs.P.1 to P.20 were marked. All the incriminating pieces of evidences let in by the prosecution witnesses were put to the accused under Section 313(1) of the Code of Criminal Procedure questioning the accused, the accused denied the same as false. There was no oral or documentary evidence adduced on the side of the accused.
10. On consideration of the evidence on record, learned Judicial Magistrate No.I, Kovilpatti, found the accused guilty under Sections 279, 337 and 304(A) (3 Counts) and sentenced him to pay a fine of Rs.500/- in default to undergo S.I. for one month for the offence under Section 279 I.P.C., to pay a fine of Rs.250/- in default to under S.I. for two weeks for the offence under section 337 of I.P.C. and to undergo R.I. for one year for each count and to pay a fine of Rs.1,000/- in default to undergo S.I. for 3 months for the offence under Section 304(A) (3 counts) I.P.C.
11. Aggrieved over the judgment of learned Judicial Magistrate No.I, Kovilpatti an appeal was preferred by the accused before the learned Additional District and Sessions Judge, (Fast Track Court No.II), Thoothukudi. The learned Additional Sessions Judge confirmed the conviction but reduced sentence imposed by the Judicial Magistrate No.I, Kovilpatti from one year R.I. to 9 months R.I. for each count for the offence under Section 304(A)(3 counts) and confirmed the other sentences.
12. Challenging the above said judgment, the revision petitioner/accused has filed this Criminal Revision.
13. Now the question that needs to be answered in this revision is whether the revision petitioner is liable to be punished under Sections 279, 337 and 304(A)(3 counts) I.P.C.
14. The evidence of P.Ws.1 to 3 would show that the vehicle was driven by the revision petitioner in a rash and negligent manner, as a result of which the vehicle capsized and the accident occurred and 3 persons were killed in the accident and P.Ws.1 to 3 sustained injuries. Nothing was elicited from P.Ws.1 to 3 to reject their evidence. Both the Court below have come to the correct conclusion that the accident occurred only due to the accused. I find no reason to arrive at the conclusion arrived at by the Court below regarding the conviction. However, considering the age of the petitioner and his family circumstances the sentence of 9 months R.I. for each count imposed by the first appellate Court under Section 304(A)(3 counts) alone is reduced to 6 months R.I. In other aspect the judgment of the Court below are confirmed.
15. Accordingly, the Criminal Revision Case is partly allowed by reducing the sentence imposed under Section 304(A)(3 counts) I.P.C. from 9 months Rigorous Imprisonment to 6 months Rigorous Imprisonment for each count. The period of sentence already undergone by the accused/appellant is set off. The sentence imposed on the petitioner shall run concurrently. As the accused/appellant herein is on bail, the respondent is directed to take steps to procure him for undergoing remaining period of sentence. Consequently, connected M.P.(MD) Nos.1 and 2 of 2008 is closed.
sj To
1.The Additional District and Sessions Judge, Fast Track Court No.II, Thoothukudi.
2.-Do- Thro' The Principal Sessions Judge, Thoothukudi.
3.The Judicial Magistrate No.I, Kovilpatti.
4.-Do- Thro' The Chief Judicial Magistrate, Thoothukudi.
5.The Superintendent, Central Prison, Palayamkottai.
6.The Inspector of Police, Nallatin Pudur Police Station, Kovilpatti Taluk, Tuticorin District.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.