G. S. AHLUWALIA
Devendra Valmiki – Appellant
Versus
State of M. P. – Respondent
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. Accordingl
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 court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Revisional court cannot reappreciate evidence to upset concurrent convictions under IPC Sections 279, 337, 338 absent perversity; driving on wrong side of narrow curve without precautions constitutes....
The court emphasized the importance of deterrence in sentencing for offences of rash and negligent driving and considered the mitigating circumstances of the case to strike a balance between correcti....
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.
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