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ABHAY S. OKA, RAJESH BINDAL
Abdul Ansar – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. Leave granted.
2. The question which arises in this appeal is whether the conviction of the appellant for the offence punishable under Section 308 of the Indian Penal Code (IPC) can be sustained.
RELEVANT FACTUAL ASPECTS
3. The present appellant is accused No. 2. The accused no. 1 was the driver of a stage carriage bus. The appellant-accused No. 2 was the conductor, and accused No. 3 was the cleaner. PW-1 Josia (injured) was at the relevant time studying in 8th standard. She along with her younger sister Jovan, PW-7, were waiting at the Karithambu bus stop for boarding a bus for going to their school. According to the prosecution case, after the bus reached the said bus stop, PW-7 Jovan boarded the bus followed by two other girls. There was a rush for boarding the bus. When PW-1 Josia tried to board the bus by putting her one leg on the footboard of the bus, accused no. 3 pushed her down with his hands while he was standing on the footboard of the bus. The girl fell down on the road and came under the left rear wheel of the bus. She sustained serious injuries including fracture of pelvis. The allegation against the appellant was that without waiting for
Point of Law : Rule 89(o) of the Kerala Motor Vehicle Rules casts a duty on the conductor to ensure safety of the passengers and not to interfere with the passengers mounting the vehicle.
Victim of accident cannot be held responsible for delay in registration of FIR.
Every court while framing a charge in cases of death involving use of motor vehicles and a final report is filed alleging offence under Section 304 of IPC, trial court is obliged to apply mind and de....
The main legal point established in the judgment is that the omission in the charge to mention Section 304A of the IPC and the words ‘rashly or negligently’ would not render the conviction illegal, a....
Causing death by rash and negligent driving – Application of mind by driver has to stay in driving of bus for stakes of safety, while he would follow Conductor’s signals for starting, stopping and mo....
The court confirmed that knowledge of a likelihood of death is essential for culpable homicide under S.304 Part II IPC, distinguishing it from negligence under S.304A IPC.
It is settled law that sentence to be imposed in a case should be consistent with atrocity and brutality with which crime has been perpetrated, enormity of crime warranting public abhorrence and it s....
The judgment underscores the requirement for conclusive and determinative evidence to establish guilt in cases of rash and negligent driving, emphasizing the absence of negligence presumption without....
The judgment outlined that driving with a known disability and without a license constitutes culpable homicide when it leads to death, under Section 304 Part II of IPC.
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