Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sections 304-A and 337-Conviction under-Rash and negligent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Dismissed |
Headnote | Penal Code, 1860Sections 304-A and 337-Conviction under-Rash and negligent driving causing death of three and grievous injuries to others- Held: Facts and evidence of eyewitnesses proved guilt of accused-Thus, conviction by courts below upheldSection 304-A-Applicability-Essential ingredients-ExplainedCulpable negligence and culpable rashness-Distinction between-ExplainedAccidents: Road traffic injuries and fatalities-Economic impact Road safety measures and strategies to combat-Discussed On the fateful day, accused-driver of a lorry, drove the lorry in a rash and negligent manner and dashed against a tree by road side and caused death of three persons and grievous injuries to three passengers travelling in the lorry. Trial Court convicted and sentenced the accused-appellant for offences punishable under section 304-A, 279 and 337 I.P.C. In appeal, conviction under section 279 was set aside but was maintained under sections 337 and 304-A I.P.C. Revision petition was filed Appellant contended that there was no rash and negligence involved because the vehicle capsized because of mechanical failure. High Court dismissed the revision.petition. Hence the present appealDismissing the appeal |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 29 |
Petitioner | Rathnashalvan |
Respondent | State Of Karnataka |
SCR | [2007] 1 S.C.R. 774 |
Judgement Date | 2007-01-11 |
Case Number | 45 |
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