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SUDESH BANSAL
Madan Lal S/o Ramjilal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Petitioner has been held guilty for offence under Sections 279 and 304-A IPC by the court of Additional Chief Judicial Magistrate No.1, Alwar, in criminal case No.740/1994 vide judgment dated 09.04.2002 and while affirming the conviction of petitioner for such offences, the appellate Court being Special Judge, SC/ST (Prevention of Atrocities Cases) and Additional Sessions Judge, Alwar, in Criminal Appeal No.34/2003 vide Judgment dated 03.05.2003, sentenced the petitioner as under:-
(b) Section 304-A IPC- Six months simple imprisonment. Hence, feeling aggrieved by judgments dated 03.05.2003 and 09.04.2002, petitioner has filed this criminal revision petition under Section 397 r/w Section 401 Cr.P.C.
2. Briefly stated, facts of the present case are that the bus bearing No.RSB-2982, driven by the petitioner, came to be collided with a bicycle on 30.07.1991, on the main Delhi-Alwar highway and in this accident, bicycle rider namely Ghanshyam Singh and pillion rider Jagdish died. On the written report by one Gangaram, a FIR came to be registered wherein after investigation, charge-sheet was filed against the petitioner and
The court balanced corrective and deterrence theories in sentencing, considering mitigating circumstances and the nature of the offense.
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 main legal point established in the judgment is the court's reliance on the evidence presented by prosecution witnesses to uphold the conviction of the petitioner for rash and negligent driving u....
The court emphasized that rash and negligent driving resulting in death warrants strict punishment to reflect the crime's severity and societal interest.
The court upheld the conviction for negligent driving, affirming the necessity of adequate punishment proportional to the crime's gravity.
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