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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT NAGPUR BENCH
URMILA JOSHI-PHALKE, J.
Omprakash S/o Munnalal Deshmukh – Appellant
Versus
State Of Maharashtra, Through Police Station Officer, Police Station, Warora, Tah. Warora, District Chandrapur – Respondent
JUDGMENT :
[URMILA JOSHI-PHALKE, J.]
1. Heard.
2. Admit. Heard finally with the consent of learned counsels appearing for the parties.
3. The applicant is challenging the judgment and order dated 24/03/2015 passed by the 2nd Judicial Magistrate First Class, Warora, in S.C.C. No. 420/2011, which is confirmed by the Additional Sessions Judge, Warora, in Criminal Appeal No. 10/2015, by which the applicant is convicted of the offence punishable under Sections 279, 337, and 304-A and sentenced to suffer R.I. for three months and fine of Rs. 1,000/- for the offence punishable under Section 79; in default further R.I. for one month for the offence punishable under Section 337 and fine of Rs. 500/-. Further the offence punishable under Section 308, R.I. for one year and fine of Rs. 5,000/-. The fine amount is already paid by the present applicant.
4. As per the case of the prosecution, the informant Babulal Bhauraoji Atram was residing at Warora and Khuhi for labour work. Deceased Kishor Gawali was his friend. On 06/06/2011 at 12.13 p.m., he and Kishor Gawali were proceeding for labour work by walk, while they reached in front of Hotel City Point Warora. At that time, a truck bearing No. MH-34/
Negligence requires evidence of a breach of duty; mere occurrence of an accident does not imply liability without proof of rash or negligent conduct.
The prosecution must prove beyond reasonable doubt that the accused's actions were the direct cause of the accident, considering contributory negligence in criminal cases.
Conviction for negligent driving requires substantial evidence beyond mere speed; a driver cannot be held liable under IPC without evidence proving rashness and negligence distinctly.
The court upheld that for convictions under Sections 279 and 304A IPC, the prosecution must prove rash and negligent driving caused the death, which was sufficiently established through witness testi....
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