Case Note & Summary
The appellant, Rajesh @ Pintya Ramesh Sabale, was convicted by the learned Second (Ad hoc) Additional Sessions Judge, Wardha, for the offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment and a fine of Rs.1000, with default rigorous imprisonment for one month. The case of the prosecution was that on 3rd December 2004, at about 4.45 p.m., PW 10 Ashok Thakre received information that deceased Laxman Thakare was lying on Ashti-Pardi road. He rushed to the spot and found Laxman Thakare lying near a storm water drain. Laxman told him that the accused had given a dash by his vehicle (Jeep) to their motorcycle, owned and driven by Ranjitsingh, while they were proceeding on it. Deceased Ranjitsingh was also found lying on the kaccha road adjacent to the tar road. Both vehicles were found on the spot. PW 10 Ashok lodged a report at Ashti Police Station, based on which Crime No.101 of 2004 was registered under Sections 279, 337, 338 IPC against the driver of the Jeep bearing registration No.MGR-6848. Investigation was carried out, and the accused was arrested. The injured were referred to the hospital, where Laxman Thakare succumbed to his injuries. The trial court convicted the appellant under Section 302 IPC. The appellant challenged the conviction in the High Court. The High Court examined the evidence and found that the prosecution failed to prove that the accused had any intention to cause death or knew that his act was likely to cause death. The incident appeared to be a result of rash and negligent driving, not murder. The court held that the conviction under Section 302 IPC was not sustainable and acquitted the appellant, giving him the benefit of doubt.
Headnote
A) Criminal Law - Murder - Section 302 Indian Penal Code, 1860 - Conviction for causing death by rash driving - Prosecution failed to prove that the accused had any intention to cause death or knew that his act was likely to cause death - The incident occurred due to rash and negligent driving, not with murderous intent - Held that conviction under Section 302 IPC is not sustainable and accused is entitled to acquittal (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code for causing death by rash driving is sustainable in law.
Final Decision
Appeal allowed. Conviction under Section 302 IPC set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Section 302 IPC requires proof of intention or knowledge that act is likely to cause death
- mere rash driving not sufficient for murder
- benefit of doubt to accused
