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SATHI KUMAR SUKUMARA KURUP
Gunasekaran – Appellant
Versus
State Rep by the Inspector of Police – Respondent
JUDGMENT
This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure assailing the judgment dated 25.04.2017 passed in Sessions Case No.301 of 2015 on the file of learned III Additional Sessions Judge, Salem.
2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-
2.1. On 04.03.2014, around 2.30 p.m., the Appellant was driving the bus bearing Registration No. TN-30-N-1293 belongs to the State Transport Corporation, Salem Division. The bus was driven from Kadathur to Salem with the passengers on-board. According to the passengers in the bus, the Appellant had driven the bus in a rash and negligent manner and therefore, they pleaded him to drive the bus slowly and cautiously. However, the Appellant retorted by saying that “I drive as I please. Are you scared of death? By saying so, the Appellant proceeded to drive the bus in a rash and negligent manner. When the bus was nearing S.R.S. Engineering College, Veeranam, the Appellant drove the bus at a hectic speed and hit the bus against a tamarind tree. In the impact, three passengers by name Vijayalkshmi, Samraj and Mayil have sustained grievous injuries and died on th
Victim of accident cannot be held responsible for delay in registration of FIR.
Knowledge of likely fatal consequences in reckless driving can elevate culpable homicide to be charged under Section 304 Part II IPC instead of Section 304A IPC.
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....
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.
The main legal point established is that in cases of rash and negligent driving leading to fatal accidents, the court will assess the evidence, impact of the occurrence, and the driver's responsibili....
Negligence and rashness must be proven beyond reasonable doubt for conviction under Sections 279 and 304A IPC; mere involvement in an accident does not equate to guilt.
The prosecution must establish beyond a reasonable doubt that the accused was driving the offending vehicle at the time of the accident, that the accident was caused by the accused's rash and neglige....
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