Criminal liability for rash and negligent driving under Sections 279 and 304-A IPC cannot be presumed based solely on accident-related consequences; it requires proof of a specific blameworthy act of rashness or negligence beyond a reasonable doubt, and evidence such as Magisterial Enquiry Reports regarding mechanical/road factors must be weighed.

Instant criminal revision petition, lays challenge to judgment dated 31.3.2017, passed by the learned Additional Sessions Judge, Chamba, District Chamba, Himachal Pradesh in Criminal Appeal No.84/2014 affirming the judgment of conviction and order of sentence dated 31.1.2014/19.2.2014, passed by the learned Chief Judicial Magistrate Chamba, District Chamba, Himachal Pradesh in Case No.480-I/10/04 T, whereby the learned trial Court while holding the petitioner accused Subhash Chand, who has now expired, guilty of having committed offence convicted and sentenced him as under:

2. Precisely, the facts of the case, as emerge from the record are that on 2.12.2003 at about 1:00pm, petitioner accused was driving HRTC Bus bearing registration No. HP484501, on a public highway at a place called Kui-Nulla, rashly and negligently so as to endanger human life and safety of others, as a result of which, it rolled down about 250-300 meters into Ravi River, resulting in simple/grievous injuries and deaths of persons as detailed in the judgment of conviction and order of sentence laid challenge in the instant proceedings. Factum with regard to afore incident, came to be reported to the police through a complaint made by PW1 Smt. Usha Devi, who was working as teacher in Government High School Gehra situate near the spot of incident, stating therein to the police that she saw a bus falling into the Ravi River, whereupon, Sh. Roop Lal Laboratory Assistant of the School and other persons of the area ran towards Nulla, towards the site of incident. She disclosed to the police that injured were taken to the District Hospital at Chamba.

3. On receipt of afore information, SHO Inspector Rajesh Chhabra along with other police officials went to the spot and reached on the spot and recorded the statement of complainant under Section 154 CrPC Ext.PW1/A on the basis of which, FIR Ext.PW21/B came to be registered against the accused. Police after having completed necessary codal formalities and completed investigation, presented challan in the competent court of law, which being satisfied that prima-facie case exists against the accused, framed notice of accusation against him under Sections 279, 337, 338 and 304-A of IPC, to which he pleaded not guilty and claimed trial.

4. Prosecution with a view to prove its case examined as many as 31 witnesses. Accused in his statement recorded under Section 313 CrPC, denied the case of the prosecution and stated that accident occurred due to mechanical defect and bad condition of the road. He stated in his statement that ill fated bus was a 52 seater vehicle and road was not passed for carrying 52 passengers due to which retaining wall of the road had collapsed. Accused also examined five witnesses in his defence.

5. Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dated 31.1.2014, held the petitioner-accused guilty of having committed offences punishable under