Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 699

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BENCH
G.S. AHLUWALIA, J.
Devendra Valmiki – Appellant
Versus
State of M.P. – Respondent
Criminal Revision No. 2512 of 2021
Decided On : 12-11-2021

Advocates:
Advocate Appeared:
For the Appellant : Rajnish Sharma.
For the Respondent: Lokendra Shrivastava.

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.

Headnote:
Rash and Negligent Driving - Criminal Law - IPC 279, 338, 304-A - The judgment and sentence dated 15/9/2021 passed by First Additional Sessions Judge, Ganjbasoda, Link Court Kurvai, District Vidisha in Criminal Appeal No. 03/2020 and judgment and sentence dated 18/12/2019 passed by the Chief Judicial Magistrate First Class, Kurvai, District Vidisha in Regular Criminal Trial No. 173/2014
Fact of the Case:

The case involved a fatal accident where the applicant, while driving a motorcycle, hit another motorcycle resulting in the death of two individuals and injuries to another. The applicant contested the charges, claiming that the accident was caused by the other motorcycle slipping, not due to his negligence.
Finding of the Court:

The Courts found the applicant guilty of rash and negligent driving, affirming the conviction and sentence for offences under Sections 279, 338, and 304-A of IPC. The Courts rejected the applicant's defense and concluded that he was at fault for the accident.
Issues: The key issues revolved around the cause of the accident, the negligence of the applicant, and the appropriate sentence for the convicted individual.
Ratio Decidendi: The Courts relied on witness testimonies, medical reports, and spot map evidence to establish the applicant's negligence. The judgment also referenced legal principles from previous cases to support the decision on sentencing.
Final Decision: The revision was dismissed, and the applicant was ordered to undergo the remaining jail sentence.

JUDGMENT :

G.S. AHLUWALIA, J.

1. Heard on the question of admission.

2. This Criminal Revision under Sections 397, 401 of Cr.P.C. has been filed against the judgment and sentence dated 15/9/2021 passed by First Additional Sessions Judge, Ganjbasoda, Link Court Kurvai, District Vidisha in Criminal Appeal No. 03/2020, thereby affirming the judgment and sentence dated 18/12/2019 passed by the Chief Judicial Magistrate First Class, Kurvai, District Vidisha in Regular Criminal Trial No. 173/2014, by which the applicant has been convicted for the following offences:

Conviction U/s	Sentence	Fine	Default (in lieu of fine)
279 of IPC	6 months RI	500/-	10 days RI
338 of IPC	6 months RI	500/-	10 days RI
304-A of IPC	1 year RI	1,000/-	10 days RI

3. It is submitted by the counsel for the applicant that according to the prosecution case, on 3/10/2013 the Government Hospital, Ganjbasoda, District Vidisha, sent an information to the SHO Ganjbasoda, District Vidisha that Chandrashekhar and Priti have been brought to the hospital in dead condition. Accordingly, Marg No. 0/2013 was registered, Panchnama of the dead bodies were prepared and they were sent for postmortem. The statements of the witnesses were recorded and it was found that on 3/10/2013 Mahendra alongwith his sister Priti and cousin brother Chandrashekhar were coming from village Parsora and when they took a turn from Bhalbamora Chauraha towards Mandibamora, then the present applicant, who was riding his Motorcycle No. UP-94-J-3106, hit the bike of the deceased in a rash and negligent manner, as a result, Chandrashekhar and Priti sustained grievous injuries and ultimately succumbed to the same. The injured Mahendra Singh also sustained injuries on his hand, forehead and mouth. 108 ambulance was called on the spot. Injured / deceased were sent to the Civil Hospital, Basoda, where Priti and Chandrashekhar were declared dead.

4. The police after recording the statements of the witnesses and concluding the investigation, filed the charge-sheet for offence under Sections 279, 337, 304-A, 338 of IPC read with Sections 3/181 and 5/180 of the Motor Vehicles Act.

5. The Trial Court by order dated 8/10/15 framed charges u/s. 279, 304-A of IPC read with Sections 3/181 of Motor Vehicles Act. Thereafter by order dated 24.10.2019, additional charge u/s. 338 of IPC was framed. Charge U/s. 5/180 of Motor Vehicles Act was framed against co-accused Rajeev.

6. The prosecution in order to prove its case, examined Rambabu Dangi (PW-1), Ashok Joshi (PW-2), Manjeet Singh Rajput (PW-3), Dr. R.K. Chidar (PW-4), Harishankar Sharma (PW-5), B.S. Bhadoriya (PW-6), Deepak Kumar (PW-7), Mahendra Singh Rajput (PW-8), Hameer Singh (PW-9), Umesh Dubey (PW-10), Achal Singh (PW-11).

7. The applicant examined himself as DW-1 under Section 315 of Cr.P.C.

8. The Trial Court by judgment and sentence dated 18/12/2019 convicted and sentenced the applicant for the above-mentioned offences and acquitted the co-accused Rajeev.

9. Being aggrieved by the judgment and sentence passed by the Trial Court, the applicant preferred a Criminal Appeal No. 3/2020, which too has been dismissed by judgment dated 15/9/2021 passed by First Additional Sessions Judge, Ganjbasoda, Link Court, Kurvai, District Vidisha.

10. Challenging the findings recorded by the Courts below, it is submitted by the counsel for the applicant that four persons, i.e. two male and one woman were riding on a motorcycle alongwith a minor girl and thus, it is clear that they themselves were negligent as only two persons can ride on a motorcycle. It is further submitted that in fact no accident had taken place from the motorcycle of the applicant. The driver of the motorcycle could not control the motorcycle and it slipped, as a result, two persons riding on the said motorcycle died on the spot. It is further submitted that even otherw