Hari Chand v. State
Case brief
What is this about?
The Court allowed the Criminal Revision Petition, upholding the conviction for rash and negligent driving but reducing the imprisonment term. It held that lack of conductor examination was not fatal and cited contributory negligence as a ground for leniency.
What did the court decide?
Revision Petition allowed to the extent of reducing the substantive sentence of the petitioner to the period already undergone.
What the court decided
Signature Not Verified Crl. Rev. P. No.31"6 /2008 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
t
against the stationarybus and the head injury so caused proved to be fatal.
G
- Concurrentfinding of the trial court as well as of the appellate court isthat the petitioner is guilty of rash and negligent driving ashe had started his bus without waiting for the signal from the conductorto start the bus after picking up passengers from the bus stopof NPL, Mall Road,Delhi. ln this accident, MCDschool teacher- Dharamvir, who had also boarded the bus alongwith his brother-in-law virendersingh, had sustained injuriesand is a witnessof this accidentin respect of which FIRNo. 23711995 under Sections 27913371304-A ofthe IPC was registered at Police station Mukherjee Nagar,Delhi at the instance of injuredpassenger Dharamvir. This incidentwas also witnessedby the driver of the stationary redline bus No. DL lP 2573 i'e. Prem Kumar' After the investigationat the spot by the police, it was learnt that anotherpassenger onthe bus of the petitioner i.e. Virender Singh whohad sustained head injury in this vehicular accident had diedin the hospital.In the post mortem report, it was opined by Dr. Alexender(PW-B) that death of Virender Singh was due to extensivecranio-cerebralinjuries causedby a blunt force as aresult of vehicular accident. There were multiple fractures of all thebones of the skull. Mechanical inspection of thepetitioner'sbus as well as of the red line bus stationed at the spotwas got done during the courseof investigation of this case conductedby Sl DevenderSaini(PW- 13) and thereafter, thepetitionerwas charge-sheeted for committing the offence ofrash and negligent driving.
Issues for consideration
3 issues framed by the court
Whether the non-examination of the bus conductor renders the conviction unsustainable.
Whether the conviction for rash and negligent driving stands established despite the defence witness's contradiction.
Whether the quantum of sentence requires modification due to contributory negligence.
Parties & counsel
- petitioner
Bus Driver (Petitioner)
- respondent
State of Delhi (Respondent)
Coram
GOUR GURUNG
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court