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J. C. DOSHI
Sandipbhai Lallubhai Chaudhary – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Present revision application is filed by the revisionist – accused being aggrieved with the judgment and order rendered in Criminal Appeal No. 45/2006 by the Ld. 2nd Addl. (Ad-hoc) Sessions Judge at Navsari, Camp at Vansda confirming the judgment and order of conviction & order of sentence passed by Ld. JMFC, 1st Class dated 15.9.2006 passed in Criminal Case No. 564/2002, whereby the petitioner - org. Accused was convicted for offences punishable u/s. 279, 337 & 304-A of the IPC and respectively sentence for (i) simple 'imprisonment of three months and fine of Rs. 500/- and further S.I. of 10 days in case of in default of payment of fine, (ii) simple imprisonment of 3 months with fine of Rs. 250/- and further S.I. of 10 days in case of default of payment of fine and (iii) simple imprisonment of one year with fine of Rs. 1000/- with further S.I. of 3 months in case of default of payment of amount of fine, under the said offences. The petitioner was ordered concurrently to undergo the said sentences as provided u/s. 71 of the Indian Penal Code, the revisionist – org. accused.
2. The short facts of the case are that it was the case of the prosecution that on 7.9.2002 at about
The main legal point established in the judgment is the requirement for the prosecution to prove the degree of negligence and rashness to establish offences under the Indian Penal Code, emphasizing t....
The main legal point established is the duty of care expected from drivers, the distinction between rashness and negligence, and the burden of proof on the prosecution to establish the allegations be....
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 judgment established the need to prove criminal rashness and negligence, emphasizing the distinction between negligence and rashness, and the requirement to link the accused's alleged drunken sta....
Driving recklessly and losing control of a vehicle causing injury or death constitutes negligence, warranting conviction under Sections 279, 337, 338, and 304-A IPC.
: Answers given by accused when incriminating circumstances appearing in prosecution evidence are put to him and his statement under Section 342 of J&K Cr.P.C. is recorded, are required to be conside....
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....
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