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MANINDER S. BHATTI
Amar Lal – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
(Maninder S. Bhatti, J.)
This revision has been filed by the applicant under Section 397/401 of the Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 31.07.2008 passed by the 17th Additional Sessions Judge, (Fast Track Court) Jabalpur in Criminal Appeal No.96/2008, whereby the applicant has been convicted under Section 304(A) of IPC and sentenced to undergo S.I. for 6 months and fine of Rs.300/- with default stipulations.
2. The facts as detailed in the memorandum of the revision reveal that a prosecution under Sections 279 and 304(A) of IPC was lodged against the applicant on the allegations that at around 9:35 AM on 18.12.2004, the present applicant while driving the vehicle rashly and negligently caused death of one Vijay Pal Singh as a result of which, a trial was conducted. The trial Court convicted the present applicant under Sections 279 and 304(A) of IPC. The order of the trial Court was assailed by filing an appeal before the 17th Additional Sessions Judge, Jabalpur. The Appellate Court, partly allowed the appeal. The Appellate Court set aside the conviction under Section 279 of IPC but upheld the conviction under Section 304(A) of IPC by w
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
Knowledge of likely fatal consequences in reckless driving can elevate culpable homicide to be charged under Section 304 Part II IPC instead of Section 304A IPC.
Criminal negligence requires proof beyond reasonable doubt, and mere occurrence of an accident does not presume rashness or negligence.
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.
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