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2018 Supreme(Sikk) 9

BHASKAR RAJ PRADHAN
Suren Gurung, S/o Shri. Ganga Ram Gurung – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Revisionist :Mr. Ajay Rathi, Mr. Rahul Rathi, and Ms. Phurba Diki Sherpa, Advocates
For the Respondent: Mr. S. K. Chettri Assistant Public Prosecutor

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The act of the accused must be the proximate, immediate, or efficient cause of the death or injury, without the intervention of another person's negligence (!) (!) .

  2. The definition of "machinery" or "machine" includes devices or apparatus that perform a function, and in the context of motor vehicles, all motor vehicles are considered machines. However, not all machines are motor vehicles (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  3. For an offence under the relevant sections, the act must have been done so rashly or negligently as to endanger human life or cause injury, and the conduct must be the immediate or effective cause of the harm (!) (!) (!) (!) (!) (!) (!) .

  4. The words "rash" and "negligent" are understood as acts done recklessly or with gross culpable neglect, respectively. The degree of negligence in criminal cases must be higher than in civil cases, requiring proof of gross negligence (!) (!) (!) (!) .

  5. The "causa causans" or proximate cause is a crucial element, meaning the act must be the direct, immediate cause of the injury or death without intervening negligence from others (!) (!) (!) (!) .

  6. The evidence must establish that the act was the primary cause of the incident, and not merely a necessary or remote cause. The cause must be natural, continuous, and unbroken by other intervening causes (!) (!) (!) (!) (!) .

  7. The burden of proof lies on the prosecution to establish each ingredient of the offence beyond reasonable doubt. The courts are limited to re-evaluating the evidence only to ensure the correctness and legality of the findings, not to reappreciate facts or evidence (!) (!) (!) (!) .

  8. Evidence from witnesses, especially injured witnesses, is considered reliable, and their admissions regarding the cause of the incident are binding on the prosecution unless challenged or contradicted by clear evidence (!) (!) (!) (!) (!) .

  9. The evidence must show that the accused's conduct was negligent or reckless to the extent that it was the immediate cause of the injury or death. Mere speculation or lack of direct evidence regarding specific acts like securing the vehicle (e.g., pulling the handbrake or placing stones) weakens the case for criminal negligence (!) (!) (!) (!) (!) .

  10. When the evidence indicates that the incident was caused by the movement of passengers inside the vehicle or other factors not directly attributable to the accused's negligence, the act cannot be considered the proximate cause (!) (!) (!) (!) .

  11. The legal standard for criminal negligence requires proving that the act was committed with a reckless disregard for human safety, more than mere civil negligence, and that it was the direct and effective cause of the harm (!) (!) (!) (!) (!) .

  12. The revision of the conviction and sentences is permissible if the evidence does not sufficiently establish the accused's rash or negligent act as the proximate cause of the incident, or if the evidence is ambiguous regarding whether the accused failed to take proper precautions (!) (!) (!) (!) .

These points summarize the court's reasoning, emphasizing the importance of establishing the direct, immediate cause of harm and the degree of negligence required for criminal liability, while also highlighting the limitations on re-evaluating evidence during revision proceedings.


JUDGMENT :

Bhaskar Raj Pradhan, J.

1. On 15.04.2013 around 10:40 hours one taxi vehicle (Scorpio) bearing registration No. Sk.01J/1501 driven by Suren Gurung, the Revisionist herein, was on the way from Rongli to Gangtok. The Revisionist parked the car to attend to natures call. Few passengers also alighted. Thereafter, the said vehicle rolled back and tumbled about 100 meters below the road at 5th Mile on Rorathang-Rangpo Road. One Bikram Rai succumbed to his injuries sustained in the accident while other occupants sustained bodily injuries, both grievous as well as simple.

2. On 15.04.2013 on receipt of the information a First Information Report (FIR) was registered and the investigation taken up.

3. Charge-sheet No.8 dated 26.07.2013 was filed against the Revisionist on finding prima facie offences made out under Section 279, 304-A, 338, 337 Indian Penal Code, 1860 (IPC) read with Section 3, 9 III (b) of Motor Vehicles Act, 1988 although in the Final Form/Report under Section 173 Cr.P.C. under the head “(xvi) Under Act/s & Sections: 304-A/279/336/337/IPC r/w 183/184 CMM Act, 1988.” has been endorsed.

4. On 6.05.2014 the Learned Chief Judicial Magistrate, East & North Sikkim at Gangto


























































































































































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