Case Note & Summary
The appellant was convicted by the first appellate court under Sections 279, 337, 338, and 304A of Indian Penal Code, 1860 (IPC) for rash and negligent driving causing death and injuries in a road accident. The trial court had initially acquitted him. On appeal, the High Court examined the evidence and found that the prosecution failed to prove the appellant was driving the bus at the time of the accident. Witnesses were either interested or did not support the prosecution case, and the first appellate court erred in relying on the Section 313 statement. The High Court set aside the conviction and acquitted the appellant, restoring the trial court's judgment.
Headnote
The High Court of Karnataka at Bengaluru allowed the criminal appeal filed by the appellant against the judgment of conviction and sentence passed by the first appellate court -- The appellant was charged under Sections 279, 337, 338, and 304A of Indian Penal Code, 1860 (IPC) for a road accident resulting in one death and injuries -- The trial court had acquitted the accused, but the first appellate court reversed this and convicted the appellant -- The High Court held that the prosecution failed to prove the accused was driving the bus at the time of the accident -- Key legal principles applied: a) Burden of proof on prosecution to establish guilt beyond reasonable doubt, b) Evidence of interested witnesses (PWs1 to 3) lacked corroboration, c) Statement under Section 313 of Code of Criminal Procedure, 1973 (CrPC) cannot be sole basis for conviction, d) Appellate court should not interfere with acquittal unless findings are perverse -- The court found that PW2, a crucial witness, was not tendered for cross-examination, and other witnesses did not identify the accused as the driver -- The conviction was set aside, and the appellant was acquitted of all charges
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Issue of Consideration: The Issue of whether the conviction of the appellant under Sections 279, 337, 338, and 304A of Indian Penal Code, 1860 (IPC) was sustainable based on the evidence on record
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Final Decision
The High Court allowed the appeal, set aside the conviction and sentence passed by the first appellate court, and acquitted the appellant of all charges under Sections 279, 337, 338, and 304A IPC
