LexTHANGASAMY versus THE STATE OF TAMIL NADU
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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SUPREME COURT REPORTS
[2019] 4 S.C.R.
THANGASAMY
v.
THE STATE OF TAMIL NADU
(Criminal Appeal No. 698 of 2010)
FEBRUARY 20, 2019
[ABHAY MANOHAR SAPRE AND
DINESH MAHESHWARI, JJ.]
Penal Code, 1860:
ss. 304A, 337 and 279 – Negligent and rash driving –
Resulting in death of four and injury to three persons – Trial Court
convicted the accused u/ss. 279, 337 (3 counts) and 304A (4 counts)
and sentenced him to four months imprisonment for offence
u/s. 304A imposed fine of Rs.200/- for offence u/s. 279 and of
Rs.100/- for the offence u/s. 337 – Appellate Court as well as
Revision Court upheld the conviction and sentence – On appeal,
held: The courts below rightly concluded that the accident occurred
due to rash and negligent driving – No case is made out for
reducing the punishment, as Trial Court has already been
considerate in awarding the punishment.
Dismissing the appeal, the Court
HELD: 1.1 The suggestion that the accident in question
occurred for the fault of the on-coming vehicle from the opposite
direction has been rejected with reference to the evidence on
record wherein the witness, including the injured persons,
uniformly stated that the accident occurred for rash and
negligent driving of the offending vehicle by the appellant. So far
the question of identity of the appellant as driver of the offending
bus is concerned, the trial court, the appellate court and then the
High Court have found the fact duly proved with reference to the
overwhelming evidence on record, including the testimony of
PW1 to PW5. [Paras 11 and 12] [605-E-F; 606-B]
1.2 There is no infirmity in the appreciation of evidence by
the sub-ordinate courts and by the High Court, who have
concurrently reached to the definite conclusion that the accident
[2019] 4 S.C.R. 600
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occurred for rash and negligent driving of the vehicle by the
appellant that resulted in the death of four persons apart from
causing injuries to three. The devastation in terms of casualties
and injuries, as brought about by the appellant, was bound to
result in his conviction for the offences under Sections 304-A
IPC (four counts) and 337 IPC (three counts). [Para 13]
[606-C-D]
2. No case for reducing the punishment awarded to the
appellant is made out. For rash and negligent driving by the
appellant, as many as four persons died and three other sustained
injuries. Yet, the trial court had been considerate in awarding the
sentence only of four months’ imprisonment for each count of
the offence under Section 304-A IPC and only of fine of Rs. 100
for each count of the offence under Section 337 IPC and
Rs. 200/- for the offence under Section 279 IPC. The punishment
awarded in this matter had been rather on the lower side.
[Para 17] [609-C-D]
Alister Anthony Pareira v. State of Maharashtra
(2012) 2 SCC 648 : [2012] 1 SCR 145; State of M.P. v.
Ghansyam Singh (2003) 8 SCC 13 : [2003] 3 Suppl.
SCR 618; Dalbir Singh v. State of Haryana (2000) 5
SCC 82 : [2000] 3 SCR 1000; State of Karnataka v.
Muralidhar (2009) 4 SCC 463 : [2009] 4 SCR 400 –
relied on.
Case Law Reference
[2012] 1 SCR 145
relied on
Para 14
[2003] 3 Suppl. SCR 618 relied on
Para 14
[2000] 3 SCR 1000
relied on
Para 14
[2009] 4 SCR 400
relied on
Para 16
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 698 of 2010.
From the Judgment and Order dated 07.01.2009 of the Madurai
Bench of the Madras High Court in Criminal R.C. No. 232 of 2006.
THANGASAMY v. STATE OF TAMIL NADU
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SUPREME COURT REPORTS
[2019] 4 S.C.R.
Ms.Babita Sant, Ms.Malini Poduval, Advs. for the Appellant.
M.Yogesh Kanna, Adv. for the Respondent.
The Judgment of the Court was delivered by
DINESH MAHESHWARI, J. 1. In this appeal, the appellant-
accused has called in question the judgment and order dated 07.01.2009
in Crl. R.C. No. 232 of 2006 whereby, the Madras High Court at its
Madurai Bench, while dismissing the criminal revision petition, has upheld
the conviction of the appellant for offences under Sections 279, 337(3
counts) and 304-A (4 counts) of the Indian Penal Code (‘IPC’).
2. Put in brief, the accusation against the appellant had been that
on 24.02.2001 at about 07:15 p.m., while driving a government passenger
bus bearing registration No. TN-72-N-0891 in a negligent manner, he
caused an accident near Korampallam on Tuticorin-Tirunelveli Main Road,
which resulted in the death of four persons namely, Jayaraj, Muniasamy,
Gopal and Dharma Nadar whereas threExcerpt shown. Read the full judgment & AI analysis in Lexace.