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DEEPAK KUMAR TIWARI
Rambahadur Sherpa S/o Aaku Sherpa – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This criminal revision has been preferred by the applicant invoking revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for brevity “Cr.P.C.”) challenging the judgment of conviction and order of sentence dated 06.01.2020 passed by Seventh Additional Sessions Judge, Bilaspur in Criminal Appeal No. 211/2019 whereby the appellant has been convicted and sentenced as under:
| Conviction | Sentence |
| Section 304-A of IPC | RI for one year |
| Section 279 of IPC | RI for one month and fine of Rs. 500/- |
| Section 192-A of Motor Vehicle Act | RI for three months and fine of Rs. 3000/- |
2. Station House Officer, Ratanpur, Bilaspur charge sheeted the applicant herein alleging that on 02.02.2015 the applicant while driving the offending truck bearing Registration No. HR-26-6731 rashly and negligently caused death of Abhishek Shrivastava which is not amounting to culpable homicide. The applicant abjured his guilt and took the plea that he is innocent and has been falsely implicated in the offence.
3. During the
The main legal point established in the judgment is that in cases of rash and negligent driving leading to accidents resulting in death and injuries, the prosecution must prove the rash and negligent....
The court's decision highlighted the importance of establishing negligence and the sufficiency of evidence in criminal cases.
The court ruled that negligent driving resulting in death is punishable; however, sentences for overlapping charges merge, necessitating the setting aside of one sentence.
The court upheld the conviction for negligent driving resulting in death, affirming the sufficiency of evidence while reducing the sentence to one year based on mitigating circumstances.
The court emphasized that rash and negligent driving resulting in death warrants strict punishment to reflect the crime's severity and societal interest.
The judgment establishes the importance of eyewitness testimony, medical evidence, and considerations of age and time spent in custody in determining the conviction and sentencing in cases involving ....
Rash and negligent driving resulting in death constitutes offences under IPC, affirming convictions and allowing sentence reduction based on mitigating circumstances.
The court considered the revisionist's request for a lenient view due to the matter relating to the year 2006 and his health condition, and accordingly, altered/modified the sentence imposed.
The court affirmed the conviction for negligent driving, emphasizing that revisional jurisdiction should not disturb concurrent findings unless there is a manifest injustice.
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