Case Note & Summary
The State of Maharashtra appealed against the acquittal of Uttam Akaram Madane by the Judicial Magistrate, First Class, Vita, for offences under Sections 279, 338, 304A of the Indian Penal Code read with Section 184 of the Motor Vehicles Act. The incident occurred on 15 March 1997 when the accused was driving a truck near Shivaji Chowk, Vita, and an eight-year-old girl, Rekha Balu Mohite, died after coming under the rear right wheel. The accused himself reported the incident. The prosecution examined eight witnesses, including three eye witnesses (PW2, PW4, PW6). PW2 turned hostile, PW4 and PW6 gave contradictory statements. The trial court acquitted the accused, finding that the prosecution failed to prove rash or negligent driving. The High Court, in appeal, held that the trial court's judgment was not perverse and that the evidence did not establish negligence beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Rash and Negligent Driving - Sections 279, 338, 304A Indian Penal Code, 1860 r/w Section 184 Motor Vehicles Act, 1988 - Acquittal upheld as prosecution failed to prove that accused drove truck in rash or negligent manner - Mere fact that a child died under the wheels of the truck does not automatically imply negligence - Eye witnesses turned hostile or gave contradictory statements - Held that the trial court's acquittal was based on proper appreciation of evidence and not perverse (Paras 1-8).
Issue of Consideration
Whether the acquittal of the accused for offences under Sections 279, 338, 304A IPC and Section 184 Motor Vehicles Act was justified given the evidence on record.
Final Decision
Appeal dismissed. Acquittal of the accused by the Judicial Magistrate, First Class, Vita is upheld.
Law Points
- Rash and negligent driving must be proved by evidence beyond reasonable doubt
- mere occurrence of accident does not establish negligence
- burden on prosecution to prove mens rea or culpable negligence
Case Details
2021 LawText (BOM) (03) 73
Criminal Appeal No. 1054 of 2007
Ms. P.N. Dabholkar (APP for State), None for Respondent/Accused
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Nature of Litigation
Appeal against acquittal in criminal case for rash and negligent driving causing death.
Remedy Sought
State sought conviction of accused for offences under Sections 279, 338, 304A IPC and Section 184 Motor Vehicles Act.
Filing Reason
The trial court acquitted the accused, and the State appealed against the acquittal.
Previous Decisions
Judicial Magistrate, First Class, Vita acquitted the accused on 27 December 2005.
Issues
Whether the trial court's acquittal was perverse or based on misappreciation of evidence.
Whether the prosecution proved beyond reasonable doubt that the accused drove the truck rashly or negligently.
Submissions/Arguments
Prosecution argued that the accused drove the truck rashly and negligently, causing the death of a child.
Defence argued that the child suddenly ran and slipped under the rear wheel, and there was no fault of the accused.
Ratio Decidendi
The prosecution failed to prove that the accused drove the truck in a rash or negligent manner. The eye witnesses turned hostile or gave contradictory statements. The trial court's acquittal was not perverse and was based on proper appreciation of evidence.
Judgment Excerpts
This is an appeal impugning an order and judgment dated 27th December, 2005 passed by the Judicial Magistrate, First Class, Vita, Dist. Sangli acquitting the respondent of offence punishable under Sections 279, 338 and 304 A of the Indian Penal Code r/w Section 184 of the Motor Vehicles Act.
Admittedly, accused was plying a truck on 15/03/1997 at about 6.10 p.m., bearing registration no.MXL 6878 on Vita Lengare Road, Near Shivaji Chowk, Vita Town, Taluka Khanapur, Dist. Sangli.
P.W. 2, 4 and 6 are eye witnesses. P.W. 2 turned hostile. P.W. 6 has stated at the time of incident he was walking near place of incident and at that time he saw a truck which came from behind and hit and ran over a small girl and proceeded further.
Procedural History
The incident occurred on 15 March 1997. Charge-sheet was filed. Trial court acquitted accused on 27 December 2005. State appealed to Bombay High Court on 12 March 2021.
Acts & Sections
- Indian Penal Code, 1860: 279, 338, 304A
- Motor Vehicles Act, 1988: 184
