Case Note & Summary
The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in Sessions Case No. 203 of 2010 by the 7th Additional Sessions Judge, Aurangabad dated 24.8.2016 for offences punishable under Sections 279, 304 Part II, 304A, 337, 338 and 427 of I.P.C. and under Section 66 punishable under Section 192A of the Motor Vehicles Act. The case arose out of a motor accident that occurred on 28.2.2010 at about 7.30 p.m. on Aurangabad-Jalna road near village Pimpalgaon. The appellant was driving a truck bearing registration No. MH-20/AA- 9499 in a rash and negligent manner and dashed against a stationary truck bearing registration No. MH-20/AA- 9498, which was parked on the side of the road due to a puncture. As a result, one person sitting in the stationary truck died on the spot, and three others sustained injuries. The trial court convicted the appellant and sentenced him to rigorous imprisonment for three years and fine for the offence under Section 304A IPC, and lesser sentences for other offences. The appellant contended that the prosecution failed to prove rashness and negligence, and that the accident was due to the fault of the stationary truck driver. The High Court examined the evidence of eyewitnesses, including PW-1 (driver of the stationary truck) and PW-2 (another occupant), and the spot panchnama. The court found that the eyewitnesses consistently stated that the appellant's truck came at high speed and dashed into the stationary truck from behind. The court also noted that the appellant did not examine any defence witness to rebut the prosecution evidence. The court held that the prosecution proved the ingredients of rash and negligent driving beyond reasonable doubt. The court dismissed the appeal and confirmed the conviction and sentence.
Headnote
A) Criminal Law - Rash and Negligent Driving - Causing Death by Negligence - Sections 279, 304A, 337, 338, 427 IPC and Section 66 punishable under Section 192A Motor Vehicles Act - Appeal against conviction - Appellant was driver of a truck that dashed against a stationary truck, causing death of one person and injuries to others - Trial court convicted appellant - High Court upheld conviction, finding that prosecution proved rashness and negligence beyond reasonable doubt through eyewitness testimony and spot panchnama - Held that the evidence of eyewitnesses was consistent and credible, and the appellant failed to rebut the presumption of negligence (Paras 1-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 279, 304A, 337, 338, 427 of IPC and Section 66 punishable under Section 192A of Motor Vehicles Act is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence recorded by the 7th Additional Sessions Judge, Aurangabad in Sessions Case No. 203 of 2010 dated 24.8.2016 are confirmed.
Law Points
- Rash and negligent driving
- Causing death by negligence
- Burden of proof in criminal appeal
- Appreciation of evidence in motor accident cases
- Section 304A IPC
- Section 279 IPC
