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1987 DIGILAW 40 (MAD)

Narayanan, In re. v. .

1987-01-23

DAVID ANNOUSSAMY

body1987
Order This revision case is directed against the judgment of the lower appellate Court, confirming the conviction and sentences imposed on the accused, a lorry driver, for offences under Secs.304-A , 337 and 338 of the Indian Penal Code. 2. The revision petitioner, a lorry driver, was driving a lorry bearing registration No. T.N.I 3690 in the night of 15.8.1981. The lorry was loaded with stones and the driver of the lorry had also taken on the top of the lorry 11 persons working in the quarry. When the lorry was plying on Senthuroyan Pudur in Tirunelveli District, another vehicle was coming in the opposite direction. The lorry swerved and capsized. The persons travelling on the top of the lorry were thrown away, as a result of which, three of them died three others sustained grievous injuries, three others sustained simple injuries and two others sustained minor injuries. In this case, the injured persons have given evidence as P.Ws.2 to 9. 3. The learned counsel for the petitioner attempted to show that the offences for which the petitioner was convicted were not made out Then realising the difficulty of his endeavour, he concluded by saying that he restricted his revision case to the matter of sentence. He would state that the Jorry driver, the revision petitioner, also sustained injuries viz., fracture and was in the hospital for 1-1/2 months, that the occurrence took place in 1981, that he was in jail for 8 days. He, therefore, pleads that it is not just and proper to send him back at this point of time. I find there is some force in the submission put forth by the learned counsel for the revision petitioner. 4. In the result, the convictions are confirmed and the sentences of imprisonment are set aside. The revision petitioner shall pay an additional fine amount of Rs.2,000 within four months from the date of intimation to the accused-petitioner by the trial Court of this order, failing which he shall undergo simple imprisonment for six months. Barring the above modification in the sentence, the criminal revision case is dismissed. 5. The revision petitioner shall pay an additional fine amount of Rs.2,000 within four months from the date of intimation to the accused-petitioner by the trial Court of this order, failing which he shall undergo simple imprisonment for six months. Barring the above modification in the sentence, the criminal revision case is dismissed. 5. Before parting with this case, I am constrained to record that the number of cases in which human lives are lost in such an accident is on the increase, In fact, it is found that more and more lorries are engaged in transporting goods along with workmen in charge of loading and unloading, placed on the top of the goods in most unsafe position. At present, in Jaw, there is a prohibition that persons should not be taken in the lorry and it is notorious that such a prohibition is observed more in breach than in compliance on account of exigencies of the transport industry in respect of the transport of some goods It is hightime that the authorities concerned take note of the realities and think of issuing special permits for a new type of lorries with limited accommodation for workmen along with the things to be transported, so that lorries which are in charge of transporting goods, which require necessarily manpower to load and unload are equipped to accommodate the workmen in a safe and secure manner. B.S. ----- Petition dismissed.