Pakirathan vs State Of Tamil Nadu
2023 Latest Caselaw 7051 Mad

                                                                            Crl.R.C.(MD)No.666 of 2018



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Date : 26.06.2023
                                                        CORAM:

                           THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                          Crl.R.C.(MD)No.666 of 2018
                                                     and
                                         Crl.M.P.(MD)No.10794 of 2018

                     Pakirathan                                             ... Petitioner

                                                              vs.


                     State of Tamil Nadu,
                     Rep. by the Inspector of Police,
                     Pappakudi Police Station,
                     Tirunelveli District.                                  ... Respondent


                     PRAYER : This Criminal Revision Petition has been filed under Section
                     397 r/w 401 of Cr.P.C., to call for the records pertaining to the judgment
                     passed by the learned Additional District Sessions Court, Tenkasi dated
                     02.11.2018 in Crl.A.No.37 of 2016 by modifying the order of conviction
                     and sentence passed by the learned District Munsif Cum Judicial
                     Magistrate, Cheranmahadevi in C.C.No.298 of 2008 dated 07.04.2016
                     and set aside the same as illegal and acquit the petitioner by allowing this
                     Criminal Revision Petition.


                                  For Petitioner        : Mr.M.Prabu
                                  For Respondent         : Mr.M.Vaikkam Karunanithi
                                                           Government Advocate(Crl.Side)

https://www.mhc.tn.gov.in/judis
                     1/7
                                                                                   Crl.R.C.(MD)No.666 of 2018



                                                         ORDER

This revision has been filed to call for the records pertaining to the

judgment passed by the learned Additional District Sessions Court,

Tenkasi, dated 02.11.2018 in Crl.A.No.37 of 2016 by modifying the

order of conviction and sentence passed by the learned District Munsif

Cum Judicial Magistrate, Cheranmahadevi in C.C.No.298 of 2008 dated

07.04.2016 and set aside the same as illegal and acquit the petitioner by

allowing this Criminal Revision Petition.

2. The case of the prosecution is that on 10.09.2008 at about 05.00

p.m., near by Sivan Kovil, the petitioner/accused drove the Deepa

Matriculation School Bus bearing No.72 M 8436 and dropped the

deceased and further without seeing the deceased, the petitioner started

the vehicle and dashed against the deceased. Thereby, the deceased

sustained injuries and he died. Hence, the complaint was registered

against the petitioner in Crime No.90 of 2008 for the offence punishable

under Section 304(A) of IPC.

3. After taking cognizance by the trial Court, on the side of the

prosecution, 11 witnesses have been examined as P.W.1 to P.W.11 and

seven documents were examined as Ex.P.1 to Ex.P.7 and on the side of https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.666 of 2018

the accused, no one was examined as witnesses and no documents were

marked.

4. On perusal of the oral and documentary evidence, the trial Court

found the petitioner guilty and convicted him for the offence under

Section 304(A) of IPC and sentenced him to undergo one year simple

imprisonment in C.C.No.298 of 2008 on the file of the District Munsif

Cum Judicial Magistrate, Cheranmahadevi. Aggrieved by the same, the

petitioner has preferred an appeal in Crl.A.No.37 of 2016 before learned

Additional District Sessions Court, Tenkasi, and the same was partly

allowed on 02.11.2018 by modifying the sentence by directing him to

serve three months rigorous imprisonment instead of one year rigorous

imprisonment. Against which, the present revision has been filed.

5. The learned counsel for the petitioner submitted that non of the

witnesses has spoken about that petitioner has droved the vehicle in a

rash and negligent manner. He further submitted that the deceased is the

pre K.G student and after getting down from the school van. The parents

of the deceased ought to have take the child to home. However, after

getting down from school van, the decased boy without any caution and

without even seeing the school van, the deceased crossed the road and https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.666 of 2018

the van dashed against the deceased. The deceased sustained grievous

injuries and died. He further submitted that the accident ought not to

have occurred due to the rash and negligent driving of the petitioner

herein and the accident was occurred only by the deceased boy, since the

boy without noticing the van, he crossed the road. Hence, he prayed for

acquittal from the charge under Section 305(A) of IPC.

6. The Learned Government Advocate (Crl.Side) appearing for the

respondent police submitted that in order to prove the prosecution,

several witnesses were examined and the vehicle's report is marked as

Ex.P7. Without seeing the child while he was crossing the road, after

getting down from the school van to reach his home, the driver of the

vehicle drove the vehicle in a rash and negligent manner and dashed

against the deceased and he sustained serious injuries and died. He

further submitted that both the Courts below held that because of the

carelessness of the petitioner only, the accident was occurred.

7. Heard both sides and perused the materials available on record.

8. On 10.09.2008 at about 05.00 p.m., near by Sivan Kovil, the

petitioner drove the Deepa Matriculation School Bus bearing No.72 M https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.666 of 2018

8436 and dropped the deceased in front of his house and the deceased

crossed the road in front of the van without noticing that the van was

proceed forwarded. The child was not visible to the petitioner, while he

start the vehicle to drop the other children. Admittedly, the residence of

the deceased is situated in the opposite side of the road. Therefore, the

deceased after getting down from the van, he ought to have crossed the

road to reach his house. Absoultly, the petitioner is also without noticing

the child he suddenly started the van and proced forwarded. The accident

was not occurred only due to the rash and negligent driving of the

petitioner and also negligence on the part of the deceased child.

Normally after getting down from the school van, the parents are will

take care of their child, since the child was aged about 4 ½ years at the

time of the accident.

9. Considering the said submission, the conviction imposed by the

both Courts below is confirmed. Insofar as the sentence is concerned, it

is modified to effect that the petitioner shall pay compensation of Rs.

50,000/- (Rupees Fifty Thousand Only) before the District Munsif Cum

Judicial Magistrate, Cheranmahadevi, in C.C.No.298 of 2008, on or

before 28.07.2023.

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.666 of 2018

10. If the petitioner failed to deposit the compensation amount, the

sentence imposed by the learned Additional District and Sessions Judge,

Palani, will be restored automatically and the respondent is at liberty to

secure the petitioner to serve the remaining period of sentence.

Accordingly, the Criminal Revision Case is partly allowed.

Consequently, connected miscellaneous petition is closed.

26.06.2023

NCC : Yes/No Index: Yes/No Internet: Yes/No tta

To

1. The Additional District Sessions Court, Tenkasi.

2.The District Munsif Cum Judicial Magistrate, Cheranmahadevi.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.666 of 2018

G.K.ILANTHIRAIYAN , J.

tta

Crl.R.C.(MD)No.666 of 2018 and Crl.M.P.(MD)No.10794 of 2018

26.06.2023 https://www.mhc.tn.gov.in/judis