Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: ss. 302 304 A 279 and 337 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860:ss. 302, 304 A, 279 and 337 - Train hitting the bus carrying passengers when it was near the railway crossing - Injuries to passengers and death of two-Driver charged u/s 302 and alternatively u/ss. 304, 325 and 323 - Drivers' case that railway crossing unmanned and engine hitting rear portion of the bus, thus, s. 302 not applicable - Held: Charges can be altered at any stage subsequent to framing of charges - On facts, s. 302 not applicable - Hence, charges altered to s. 304 A with ss. 279 and 337.s. 304 A - Applicability of - Determination - Held: s. 304 A applies to rash and negligent acts which directly causes death-There should be neither intention nor knowledge to cause death - Negligence and rashness are essential attributes of s. 304 A.Words and Phrases: 'Negligence', 'reckless' - Meaning of.According to the prosecution case, appellant was driving a bus carrying several passengers. When the bus was at railway crossing, it was hit by a train and was badly damaged. As a result several passengers got injured and two persons died. FIR was lodged. Investigation was carried out. Charges were framed under s. 302 and alternatively under s. 304, 325 and 323 IPC against the appellant. Appellant filed revision petition questioning the charges framed. High Court dismissed the revision petition. Hence, the present appeal.Appellant contended that the accident took place near the un-manned railway crossing; that the materials on record show that the engine of the train hit rear portion of the bus; that ultimately it may have been an error of judgment on the part of the appellant; and that the fact that the engine hit rear portion shows that there was no apparent negligence on the part of the appellant, therefore, section 302 has no application.Respondent-State contended that the fact that the passengers were asking the appellant not to cross the railway line shows that there was negligence and appellant was acting in a rash and negligent manner without proper care and caution. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1144 |
Petitioner | Naresh Giri |
Respondent | State Of M.p. |
SCR | [2007] 11 S.C.R. 987 |
Judgement Date | 2007-11-12 |
Case Number | 1530 |
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