Crl.R.C.No.1277 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.1277 of 2015
Ravi .. Petitioner
Vs.
State Represented by
The Inspector of Police,
Madurantakam Police Station,
Madurantakam,
Kanchipuram District
(Cr.No.385/2007) ..Respondent
PRAYER : Criminal Revision Case has been filed under sections 397
read with 401 of Criminal Procedure Code to set aside the judgment
passed in Crl.A.No.8 of 2013 dated 24.11.2015 by the Principal District
and Sessions Court confirming the judgment passed in C.C.No.351 of
2007 dated 18.02.2013 passed by the learned Judicial Magistrate,
Madurantagam, Kanchipuram District.
For Petitioner : Mr.K.G.Senthil Kumar
For Respondent : Mr.N.S.Suganthan
Government Advocate (Crl.Side)
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Crl.R.C.No.1277 of 2015
ORDER
This Criminal Revision Case is filed challenging the concurrent findings of the Courts below in a motor accident case.
2. According to the prosecution, on 08.07.2007 at about 11.45 a.m., a passenger bus bearing registration No.TN 21 H 4577 from Uthiramerur to Madurantagam proceeding in the wrong direction has hit an unregistered Bajaj Pulser Motorcycle driven by one Umapathy. The rider of the two wheeler sustained grievous injury and taken to Government hospital, Chengalpattu, but he died on 21.05.2007, 3 days after the accident. A complaint was given by one Arunachalam, who was examined as PW.1. According to his evidence, while the bus proceeding from Kanchipuram to Madurantagam near Melavalampettai mosque, the two wheeler rider was following a lorry when the lorry gave way to the bus coming on the opposite direction, the two wheeler rider tried to over take the lorry, at that time, the bus driven by the accused coming in the opposite direction hit the two wheeler and caused the accident. 2/7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1277 of 2015
3. The prosecution has examined thirteen (13) witnesses as PW.1 to PW.13 and marked eleven (11) Exhibits as Ex.P1 to Ex.P11. The Courts below taking note of the fact that the offending bus was proceeding in the wrong direction thereby caused the accident.
4. The learned counsel for the petitioner/accused submitted that the Courts below had not taken note of the fact that in that particular road normally vehicles used to come in an opposite direction, they have substituted their journey along with the highway. To that effect, the deposition of PW.2, PW.9 and PW.11 has relied upon. Wherein the witnesses in the cross examination had admitted that though it is a one way traffic road, vehicles used to come in the opposite direction also. Further, it is contended by the learned counsel for the petitioner that the accident admittedly occurred when the deceased tried to over take the lorry and he had no valid driving licence. The two wheeler which he was driving is also not a registered one. These facts would clearly show the negligence on the part of the deceased.
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5. The learned Government Advocate (Crl.Side) for the State would submit that the Conductor of the bus, who was examined as PW.13, clearly admits that the bus was driven in the wrong direction. The other witnesses for the prosecution also clearly deposed that the bus was driven in the opposite direction which he was not supposed to be done. Therefore, the absence of the driving licence of the victim or non registration of the two wheeler will not exonerated the offence of the petitioner.
6. This Court, on considering the evidence and the submissions made by the respective counsels, finds that the accident had happened while the victim tried to over take the lorry. No doubt, no driving licence is produced. However, the rider of the two wheeler would not have expected the bus in the opposite direction prohibited in a one way traffic road. The evidence of witnesses which indicates that usually the vehicle riders are used to come in a wrong direction to avoid travelling along the national highways and take the right turn and proceed for the service road. Such act of traffic violation per se indicates 4/7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1277 of 2015 that the negligence on the part of the bus driver, who is the petitioner herein. The Courts below had rightly appreciated the witnesses of prosecution, particularly PW.13, who is the Conductor of the offending bus. The bus which was proceeding from Uthiramerur to Madurantagam, it has to cross the National Highways to reach Madurantagam. For that, the prescribed route is to drive the bus towards Chengalpattu and take the right turn to reach the other side of the road and proceed to Madurantagam. In order to avoid such deviation, the bus driver had decided to take an opposite direction, which is a wrong route. The Motorcyclist did not expect the heavy vehicle on the wrong side coming in the opposite direction had fallen prey to the act of negligence.
7. The reasoning of the Courts below for convicting the accused is fully justifiable based on the evidence. As far as the sentence is concerned, the Court has imposed 3 months Simple Imprisonment for committing the offence under Section 279 of I.P.C., and 6 months Rigorous Imprisonment for offence under Section 304 A of I.P.C. The period of sentence ordered to run concurrently. 5/7 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1277 of 2015
8. This Court, taking note of the fact that the violation of the road rule by driving the bus on the wrong direction, warrants conviction and sentence imposed by the trial Court and as confirmed by the lower appellate Court.
9. Accordingly, this Criminal Revision Case is dismissed.
05.09.2022 Internet : Yes/No Index: Yes/No rpl To
1. The IV Additional District and Sessions Court, Coimbatore.
2. The Judicial Magistrate Court No.8, Coimbatore
3. Inspector of Police, Traffic Investigation Wing (West) Police Station, Coimbatore.
4. The Public Prosecutor, High Court, Madras.
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