J. J. MUNIR
Munshi Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble J.J. Munir,J.
1. This revision is directed against a judgment and order of Mr. Vivek, the then Additional District and Sessions Judge, Court No. 6, Agra dated 07.06.2016, partly allowing Criminal Appeal No. 233 of 2013, and modifying the revisionist's conviction and sentences awarded by the Additional Chief Judicial Magistrate, Court No. 11, Agra, vide judgment and order dated 02.07.2013 in Criminal Case No. 572 of 2010, State v. Munshi Singh, acquitting him of the charge under Section 337 of the Indian Penal Code, 1860, (for short “IPC”) but upholding his conviction for offences punishable under Sections 279 and 304A IPC.
2. Heard Mr. Anil Kumar Srivastava, learned Senior Advocate, assisted by Mr. P.N. Singh, learned counsel for the revisionist and Mr. Nitin Kesarwani, learned A.G.A. appearing on behalf of the State.
3. The prosecution case, set out in the First Information Report, (for short “FIR”) is that on 08.06.2001, the informant, Tunda Ram, along with his son Mukesh, besides Pratap Singh, son of Sohran Singh, a native of Village -Nagla Veer Bhan, Police Station -Jagner, and another Gopi Chand, son of Bhanwar Singh, a resident of Singaich, Police Station -Jagn
State of Punjab v. Balwinder Singh & Others (2012) 2 SCC 182)
Dalbir Singh v. State of Haryana [(2000) 5 SCC 82 : 2004 SCC (Cri) 1208]
B. Nagabhushanam v. State of Karnataka [(2008) 5 SCC 730 : (2008) 3 SCC (Cri) 61]
Point of law: Order of conviction - Gratuitous passengers - Vehicle was ferrying passengers for hire, inviting them to board his vehicle – While considering the quantum of sentence to be imposed for ....
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.
Revisional jurisdiction limited to patent errors or perversity, not reappreciating concurrent findings; high speed in crowded area causing loss of control despite sudden obstacle constitutes driver n....
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.
The judgment emphasizes the gravity of rash and negligent driving, highlighting the need for proportionate punishment to deter potential wrongdoers and uphold public confidence in the justice system.
Revisional court cannot reappraise evidence unless perverse; wrong-side driving at high speed is negligent causing hurt under IPC 279/337/338; probation denied in road injury cases for deterrence.
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....
Res ipsa loquitur applies to unexplained vehicle deviation from road, shifting negligence burden to driver; revisional jurisdiction limited, no reappreciation absent perversity.
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