The court upheld the conviction of a bus driver for negligent driving under IPC, establishing that mere high speed constitutes negligence when it endangers lives.

CAV ORDER

(PER: HON'BLE MR JUSTICE V SRISHANANDA)

Accused who suffered an order of conviction in C.C No.1678/2013 on the file of the Additional Civil Judge and JMFC, Putturu, Dakshina Kannada, for the offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code confirmed in Criminal Appeal No.2/2014 on the file of the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru sitting at Putturu, is the revision petitioner.

2. Facts of the case in brief which are utmost necessary for disposal of the present Criminal Revision Petition are as under:

A complaint came to be lodged with Uppinangadi Police, Putturu Taluk, Dakshina Kannada, Mangaluru District, alleging that accused being the driver of KSRTC Volvo bus bearing registration No.KA-01/F-8338, on 17.05.2009 drove the same in a rash and negligent manner while proceeding from Bengaluru to Mangaluru and at about 6:00 am near Shiradi village at Udane, dashed to a lorry bearing registration No.KA-01/A-1850 which was parked on the road, loaded with wooden logs.

3. Lorry purportedly was parked on the left side of the road on account of deflated left side tyre. Because of the impact of dashing of the bus to the lorry, wooden logs were ripped into the windshield of the bus and having regard to the speed of the bus, wooden logs hit the passengers who were sitting on the left side of the bus and about 15 to 20 passengers were injured. The injuries varied from simple to grievous hurt. Further, five passengers by name Smt.Prabhatha C. Hegde, Santhosh, Varaprasad, Satishchandra and Girish died on the spot on account of grievous hurt sustained in the accident.

4. Having known about the incident, the villagers and other commuters gathered near the place of accident. With their help injured passengers were shifted to the hospital in separate vehicles.

5. Among the injured who were shifted to Mahaveer Hospital, Putturu, one Ismail lodged the complaint with Uppinangadi police. Based on the said complaint, police registered a case in Crime No.117/2009 for the offences punishable under sections 279, 338, 337 and 304A of the Indian Penal Code .

6. After registering the case, the Investigation Officer conducted detailed investigation, recorded the statements of injured passengers by visiting to the hospital and after thorough investigation filed the charge sheet for the aforesaid offences.

7. Learned Trial Magistrate took cognizance of the aforesaid offences and secured the presence of the accused and after completing the procedure as contemplated under the provisions of Section 207 of the Code of Criminal Procedure , recorded the plea of the accused. Accused pleaded not guilty and therefore trial was held.

8. In order to bring home the guilt of the accused, prosecution in all examined 19 witnesses as PWs.1 to 19 comprising of complainant, other injured passengers, mahazar witnesses, doctors who conducted the post mortem and issued wound certificates and the Investigation Officers.

9. Prosecution placed on record 54 documentary evidences which were exhibited and marked as Exs.P.1 to 54 comprising of FIR, photographs, spot mahazar, IMV report, wound certificates, inquest reports, post mortem reports and spot sketch.

10. Detailed cross-examination of the prosecution witnesses by suggesting that the driver of the lorry had parked the lorry in a negligent manner and the wooden logs were protruding outside the body of the lorry which ultimately resulted in the incident for which accused is no way responsible, is denied.

11. In the cross-examination of PW-1, portion of the complaint averment was marked as Ex.D.1 and two ph