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HASMUKH D. SUTHAR
Bharatsinh Somabhai Baman – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Hasmukh D. Suthar, J.
1. Present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – original accused to quash and set aside the impugned judgment and order dated 16.03.2008 passed by the learned Judicial Magistrate, First Class, Kathor, District Surat (hereinafter referred to as “learned trial Court”) in Criminal Case No.178/2007, whereby the present applicant – original accused has been convicted for the offences punishable under Sections 279 and 304(A) of the INDIAN PENAL CODE , 1860 (hereinafter referred to as “IPC”) and under Sections 177 , 184 and 134 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as “MV Act”) and sentenced to undergo punishment as detailed hereinbelow:
| Offence u/Sections | Sentence | Amount of Fine (Rs.) | Default Imprisonment |
| 279 of IPC | 6 Months S.I. | Rs.500/- | 1 Month S.I. |
| 304(A) of IPC | 1 Year S.I. | Rs.2000/- | 3 Months S.I. |
| 134 of MV Act | -- | Rs.500/- | 15 Days S.I. |
The applicant also seeks quashing of the judgment dated 24.06.2010 pass
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 prove beyond reasonable doubt that the accused's actions were the direct cause of the accident, considering contributory negligence in criminal cases.
The absence of key eyewitness testimony undermines the prosecution's case on charges of rash and negligent driving, necessitating acquittal.
The central legal point established in the judgment is that to prove the offense under Section 304A of IPC, the prosecution must demonstrate rash and negligent driving, and mere speed cannot be equat....
Evidence given by a witness in a previous judicial proceeding or in a later stage of the same judicial proceeding, when the witness is dead, is relevant for the purpose of proving the matter, provide....
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