Madras High Court
Lalbahadur vs State By The Inspector Of Police on 21 January, 2022
Crl.R.C.No.345 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.345 of 2015
Lalbahadur ... Petitioner
Versus
State by the Inspector of Police,
Velankanni Police Station,
Nagapattinam District.
(Crime No.58 of 2012) ... Respondent
Prayer: Criminal Revision Petition filed under Section 397 and Section 401 of
Criminal Procedure Code, against the judgment of the learned District and
Sessions Judge, Nagapattinam, Nagapattinam District dated 3rd December 2014
and made in C.A.No.15 of 2014, confirming the conviction and sentence passed
by the learned Chief Judicial Magistrate, Nagapattinam, Nagapattinam District
by Judgment dated 10.03.2014 and made in C.C.No.54 of 2013, convicting the
petitioner for an offence under Section 304(A) of IPC and sentencing him to
undergo RI for two years and to pay fine of Rs.2,000/- in default to undergo 6
months.
For Petitioner : Mr.L.Mahendran
For Respondent : Mr.L.A.J.Selvam
Government Advocate
(Criminal Side)
ORDER
This Criminal Revision Case in Crl.R.C.No.345 of 2015 is filed by the
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Crl.R.C.No.345 of 2015
petitioner/accused, aggrieved by the judgment of the learned Chief Judicial
Magistrate, Nagapattinam, dated 10.03.2014 in C.C.No.54 of 2013, whereby, the
petitioner was found guilty of an offence under Section 304-A of Indian Penal
Code and imposing a sentence of two years Rigorous Imprisonment and fine of
Rs.2,000/-, in default, six months imprisonment and the judgment of the learned
District and Sessions Judge, Nagapattinam, dated 03.12.2014 in Crl.A.No.15 of
2014, thereby, dismissing the appeal and confirming the conviction and sentence
imposed by the Trial Court.
2. When the Criminal Revision Case came up for hearing, Mr.
L.Mahendran, the learned Counsel appearing for the petitioner would submit to
this Court that this Court would consider the question of sentence alone in view
of the manner of the accident i.e., the deceased, being the load man, who was
loading vegetables, unfortunately, since, passed away by meeting with the
accident by the bus driven by the petitioner/accused. He would submit that the
petitioner/accused has, thereafter, shown remorse and is not involved in any of
other offence whatsoever either prior to the occurrence or thereafter and has
been leading a law abiding life. He has got two children. First son is a Doctor
and the second son is an Engineer. Under these circumstances, there is no
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Crl.R.C.No.345 of 2015
purpose which will be served by imposing a punishment of incarceration. He
had already undergone two days of imprisonment, pending trial and was enlarged
on bail. Under these circumstances, the learned Counsel would pray this Court
to release the petitioner on probation in exercise of the powers under Section 360
of the Code of Criminal Procedure.
3. Considering the fact that the accident had taken place in the year 2012
i.e., ten years before, considering the fact that the accused is presently aged 59
years, considering the nature of the offence i.e., the accident said to have
occurred, while the deceased load man was loading vegetables and other luggage
over vehicles, considering the previous and subsequent conduct of the accused
that he has not been involved in any other offence whatsoever, upon confirming
the conviction of the offence under Section 304-A of Indian Penal Code, instead
of handing over a sentence, I am inclined to release the petitioner on probation in
exercises of the powers under Section 360 of Cr.P.C., on the following
conditions:
(i) the petitioner shall appear before the learned Chief Judicial Magistrate,
Nagapattinam and execute a bond for a sum of Rs.20,000/- undertaking to keep
up good behaviour for a period of one year hereafter;
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Crl.R.C.No.345 of 2015
(ii) undertaking that he will not involve in any offence whatsoever, during
such period and further undertaking that in default to comply with the terms of
the bond, he will appear before this Court and take the sentence.
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Crl.R.C.No.345 of 2015
D.BHARATHA CHAKRAVARTHY. J.,
grs
4. The Criminal Revision Case is disposed of accordingly. Consequently,
M.P.Nos.1 & 2 of 2015 are closed.
21.01.2022
Index : yes/no
Internet : yes
Speaking order
grs
To
1.The District and Sessions Judge,
Nagapattinam, Nagapattinam District.
2.The Chief Judicial Magistrate,
Nagapattinam, Nagapattinam District.
Crl.R.C.No.345 of 2015
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