Case Note & Summary
The case pertains to a criminal revision application filed by Deepak s/o Motiramji Bhoge, a driver employed with M.S.R.T.C., challenging his conviction under Sections 279 and 304A of the Indian Penal Code for rash and negligent driving causing death. The incident occurred on 4.9.2011 when the accused was driving an S.T. Bus and allegedly gave a dash to a pedestrian who died on the spot. A crime was registered based on the report of Dandansingh (P.W.1). After investigation, a chargesheet was filed before the Judicial Magistrate, First Class, Wardha. The trial court convicted the accused, and the appeal before the Sessions Judge, Wardha, was dismissed on 12.8.2013, confirming the conviction. The accused then filed the present revision before the High Court. The High Court heard the learned counsel for the applicant, who argued that the evidence of P.W.1 was not relied upon by the trial court, and the evidence of P.W.2 indicated that the bus started abruptly but did not show that the accused was driving rashly or negligently. The court examined the evidence and found that the prosecution had failed to prove the essential ingredients of rashness or negligence. The court noted that the mere occurrence of an accident is not sufficient to infer rashness or negligence. Consequently, the High Court allowed the revision application, set aside the conviction and sentence, and acquitted the accused.
Headnote
A) Criminal Law - Rash and Negligent Driving - Sections 279, 304A Indian Penal Code, 1860 - Conviction set aside - The prosecution failed to prove that the accused was driving the bus rashly or negligently at the time of the accident - The evidence of eyewitnesses did not establish rashness or negligence - Held that mere occurrence of accident is not sufficient to infer rashness or negligence (Paras 1-4).
Issue of Consideration
Whether the conviction of the applicant under Sections 279 and 304A of the Indian Penal Code for rash and negligent driving causing death is sustainable based on the evidence on record.
Final Decision
The revision application is allowed. The judgment of conviction and sentence passed by the Judicial Magistrate, First Class, Wardha in Summary Criminal Case No. 4559/2009, confirmed by the Sessions Judge, Wardha in Criminal Appeal No. 3/2013, is set aside. The applicant is acquitted of the offences punishable under Sections 279 and 304A of the Indian Penal Code.
Law Points
- Rash and negligent driving
- Section 279 IPC
- Section 304A IPC
- Standard of proof
- Revisional jurisdiction
