Case Note & Summary
The applicant, Sumedh Shetye, was convicted by the Judicial Magistrate First Class, Valpoi for offences under Sections 279 and 338 of the Indian Penal Code, 1860 for driving a Tata Sumo Jeep in a rash and negligent manner on 14 August 2010, causing grievous injuries to Luno Gaude. The incident occurred when the applicant drove on the wrong side of the road and dashed against the victim, who was walking on the katcha road. The vehicle then fell into a field after hitting a tree. The prosecution examined eye witnesses and relied on the spot panchanama. The Magistrate sentenced the applicant to simple imprisonment for two months under Section 279 IPC and three months under Section 338 IPC, with fines. The Additional Sessions Judge, Mapusa dismissed the appeal (Criminal Appeal No.79/2012) on 10 November 2014, upholding the conviction. The applicant then filed a criminal revision application before the High Court. The High Court, after examining the evidence and the concurrent findings of the lower courts, held that the revisional jurisdiction is limited and cannot be exercised to reappreciate evidence unless the findings are perverse or illegal. The court found no such perversity and dismissed the revision application, upholding the conviction and sentence.
Headnote
A) Criminal Law - Rash and Negligent Driving - Sections 279, 338 Indian Penal Code, 1860 - Conviction based on evidence of eye witnesses and spot panchanama - The applicant drove on the wrong side of the road and dashed against the victim, causing grievous injuries - The courts below concurrently found the applicant guilty - Held that the revisional court cannot interfere with concurrent findings of fact unless perverse or illegal (Paras 2-6).
Issue of Consideration
Whether the conviction of the applicant under Sections 279 and 338 IPC for rash and negligent driving causing grievous hurt is sustainable in law.
Final Decision
The High Court dismissed the criminal revision application, upholding the conviction and sentence passed by the JMFC, Valpoi and confirmed by the Additional Sessions Judge, Mapusa.
Law Points
- Rash and negligent driving
- Grievous hurt
- Revisional jurisdiction
- Concurrent findings of fact
- Section 279 IPC
- Section 338 IPC
Case Details
CRIMINAL REVISION APPLICATION NO.60 OF 2014
Shri Ravi Gawas for the Applicant, Shri S.R. Rivankar, Public Prosecutor for the Respondent
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Nature of Litigation
Criminal revision application against conviction for rash driving and causing grievous hurt.
Remedy Sought
The applicant sought to set aside the conviction and sentence under Sections 279 and 338 IPC.
Filing Reason
The applicant was convicted by the JMFC, Valpoi and the appeal was dismissed by the Additional Sessions Judge, Mapusa.
Previous Decisions
The JMFC, Valpoi convicted the applicant and sentenced him to simple imprisonment for two months under Section 279 IPC and three months under Section 338 IPC, with fines. The Additional Sessions Judge, Mapusa dismissed the appeal on 10/11/2014.
Issues
Whether the conviction under Sections 279 and 338 IPC is sustainable based on the evidence on record.
Whether the revisional court can interfere with concurrent findings of fact.
Submissions/Arguments
The learned Counsel for the applicant argued that the victim was at fault and the evidence did not prove rash and negligent driving.
The Public Prosecutor supported the concurrent findings of the lower courts.
Ratio Decidendi
The revisional court cannot interfere with concurrent findings of fact unless they are perverse or illegal. The evidence of eye witnesses and spot panchanama sufficiently established rash and negligent driving causing grievous hurt.
Judgment Excerpts
Legality, propriety and correctness of the impugned judgment and order of conviction passed by the learned JMFC, Valpoi and upheld by the Additional Sessions Judge, Mapusa has been impugned by the applicant by invoking the revisional jurisdiction of this Court.
On 14/08/2010, at about 14.10 hrs. the applicant was driving a Tata Sumo Jeep bearing registration no.GA-01-J-1636 from Honda to Pissurlem, Sattari. He was driving in a rash and negligent manner on a straight road.
Procedural History
The applicant was charged under Sections 279, 337, 338 IPC. The JMFC, Valpoi convicted and sentenced him. The applicant appealed to the Additional Sessions Judge, Mapusa (Criminal Appeal No.79/2012), which was dismissed on 10/11/2014. The applicant then filed Criminal Revision Application No.60 of 2014 before the High Court of Bombay at Goa, which was dismissed on 26/09/2019.
Acts & Sections
- Indian Penal Code, 1860: 279, 337, 338
