Dakaram Bhojraj Khotele vs State of Maharashtra, through Police Station Officer, Deori

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2018 Supreme(Bom) 1669

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.G. GIRATKAR, J.
Dakaram Bhojraj Khotele – Applicant
Versus
State of Maharashtra, through Police Station Officer, Deori – Respondent
Criminal Revision Application No. 195 of 2011
Decided On : 27-11-2018

Important Points

Negligent driving resulting in a fatal accident can lead to conviction under Section 304A of the Indian Penal Code.

Subject

Criminal Law - Negligence and Offences against the Person

Act Referred

INDIAN PENAL CODE : S.304(a), S.279, S.338

Headnote

Omission - Conviction under Sections 304A, 279 and 338 of the Indian Penal Code - Negligent driving resulting in accident

Fact of the Case:

The applicant was convicted for the offence punishable under Sections 304A, 279 and 338 of the Indian Penal Code for negligently driving a bus and causing an accident resulting in the death of a person.

Finding of the Court:

The court found that there was sufficient evidence against the applicant/accused and upheld the conviction under Section 304A of the Indian Penal Code. The court modified the sentence considering the age and health condition of the accused.

Issues: The main issue was the negligence in driving leading to the accident and the credibility of the evidence presented.

Ratio Decidendi: The court upheld the conviction based on the evidence of the witness who stated that the accident took place due to the rash and negligent driving of the applicant/accused.

Final Decision: The conviction under Section 304A of the Indian Penal Code was maintained, and the sentence was modified to pay a fine of Rs. 5,000, with a portion of the fine to be paid to the legal heirs of the deceased as compensation.

Advocates Appeared:
For the Applicant : Shri M.V. Rai.
For the Respondent: Shri C.A. Lokhande.

JUDGMENT :

M.G. GIRATKAR, J.

1. Heard learned counsel Shri Rai for the applicant and learned Additional Public Prosecutor Shri Lokhande for the respondent no. 1. None appears for the respondent no. 2.

2. Present revision is against the judgment of the Judicial Magistrate First Class, Deori in Summary Criminal Case No. 2047/2008 by which the applicant came to be convicted for the offence punishable under Sections 304A, 279 and 338 of the Indian Penal Code. The applicant is convicted for the offence punishable under Section 304A of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-. No separate sentence was passed in respect of offences punishable under Sections 279 and 338 of the Indian Penal Code.

3. Learned counsel Shri Rai for the applicant has submitted that there is material omission in the evidence of PW-1 who has stated against the applicant.

4. Learned Additional Public Prosecutor Shri Lokhande for the respondent no. 1 has submitted that both the judgments of trial Court and first appellate Court are well reasoned. There is sufficient evidence against the applicant/accused. There is no reason to disbelieve the version of PW-1 Radheshyam Shahare, hence, revision is liable to be dismissed.

5. PW-1 stated that deceased was standing near pan shop at the time of incident. Accused/ applicant drove his ST bus rashly and negligently and dashed to the deceased. Accident took place due to rash and negligent driving of applicant/accused. Defence was taken that the deceased was negligent while crossing the road but that defence was negated by the trial Court. The conviction awarded is perfectly legal and correct.

6. At this stage, learned counsel for the applicant submitted that the applicant is retired person aged about 70 years. He is bedridden. He is contesting the criminal case from year 2006, therefore, lenient view be taken. Looking to the submissions and to meet the ends of justice, following order is passed.

ORDER

(i) Revision is partly allowed.

(ii) Conviction is maintained for the offence punishable under Section 304A of the Indian Penal Code, however, sentence is modified as under:

(a) The applicant/accused is convicted for the offence punishable under Section 304A of the Indian Penal Code and he is sentenced to pay fine of Rs. 5,000/- (Rupees Five Thousand Only). Out of fine amount Rs. 4,000/- be paid to the legal heirs of deceased towards compensation.

(b) Fine amount be paid before the trial Court.

(c) If the applicant/accused fails to pay fine amount within a period of 15 days, then he shall undergo sentence as per the judgment of trial Court.

(iii) R & P be sent back to the trial Court.