Indian Penal Code, 1860 – Section 304-A – Causing death by negligence – Conviction Upheld – Negligence – Motor Vehicle Accident – Intoxication – Collision – Fatal Injury – Probation of Offenders Act. The present appeal arises from a judgment convicting the accused under Section 304-A of the Indian Penal Code (IPC) for causing the death of a victim in a motor vehicle accident due to negligence.
The prosecution’s case rested on the eyewitness account of Rakesh Kumar (PW1), who stated that the accused, driving a truck, collided with a Gypsy, resulting in the death of the Gypsy driver who was crushed between the truck and a tractor. This account was corroborated by evidence including police investigation, medical examination reports, and site plan analysis.
Despite discrepancies in witness testimonies, the Trial Court relied on credible evidence such as forensic reports, site plan analysis, and consistent witness statements to establish the accused’s negligence in causing the accident.
The accused’s defense of being falsely implicated was not substantiated, and his heavily intoxicated state at the time of the accident, confirmed by medical examination reports, further supported the prosecution’s case.
The Trial Court’s decision to deny the accused the benefit of the Probation of Offenders Act was upheld, citing Supreme Court precedent regarding offences under IPC Sections 279 and 304-A, emphasizing the need for a deterrent approach in motor vehicle accident cases. Important Paragraphs of Judgment: (Para 8, 29, 35, 36, 40, 41, 42)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 321 HP
[2023 HHC 13133]
Bhag Chand Vs. State Of H.P.
Cr. Appeal No. 32 of 2010-Decided on 08-11-2023
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