Md. Iman Uddin vs State of Assam

This revision is preferred challenging the legality and validity of the order in criminal appeal no.15(3)/2007, passed by learned Sessions Judge,

Karimganj whereby the learned appellate Court has affirmed the order passed by the trial Court in G.R.Case No.1124/2002, wherein the accused

petitioner has been convicted under Section 279/304 A IPC and sentence to suffer rigorous imprisonment for one month U/S 279 IPC and R.i for

two months U/S 304 A IPC.

So far as the prosecution case in brief is that on 13.12.2002 at about 12 noon one Situbala Namasudra while trying to board 407 passenger

vehicle bearing registration No. AS.10/0539 fell down and the rear wheels of the said moving vehicle went over her both legs. Situbala Namasudra

succumbed to her injuries on the way to SMCH Silchar where she was being taken immediately after the accident. On the facts the FIR was filed

and after due investigation charge-sheet was laid against the accused petitioner. The accused appeared before the Court and stood the trial and

denied the charge framed against him under Section 279/304A IPC. To bring home the charge the prosecution examined five witnesses and

defence examined none. Plea of defence is total denial. At the conclusion of the trial the accused petitioner was found and held guilty under the

aforesaid section of law and the appeal preferred was dismissed. Hence the present petition.

Heard the submission of learned counsel Mr. Talukdar on behalf of the petitioner and Mr. B. Sarma, learned Addl. P.P.Assam. According to

the learned counsel for the petitioner the deceased died because of her own contributory negligence and accused is not at all liable to be convicted

as such. Supporting the order of conviction under challenge, the learned Addl. P.P. put forward his argument that the evidence of eye witnesses

has clearly indicated the rush and negligent driving of the accused petitioner and it is not a case of contributory negligence on the part of the

deceased.

Due consideration is given to the submission made before this Court. Upon careful consideration of the evidence on record it is found that PW 1

Kalpana Namasudra is not the eye witness to the occurrence but she arrived immediately after the occurrence and found her mother lying injured

and her mother succumbed to her injuries while she was taken to the hospital.

PW 2 Sdhan Namasudra and PW 4 Anil Chandra Dey, PW 5 Ratan Ghosh are the eye witness to the occurrence and PW 3 Kripesh Ranjan

Das arrived at the place of occurrence immediately after the occurrence. In their evidence the PW 2 , PW 4 and PW 5 all of them have specifically

narrated the facts that while the deceased tried to board the vehicle as a passenger and while her right leg was still on the footrest then the vehicle

suddenly moved as a result of which said lady passenger fell down and wheels of the vehicle run over the both legs resulting serious injuries on her

legs. Although she was taken to the hospital, she died on the way.

Appreciating their evidence the learned tidal Court has held that since the deceased was an old lady it was the duty on the part of the conductor

as well as the driver of the vehicle to ensure that the passenger has safely boarded into the vehicle but without ensuring the same the driver moved

the vehicle while the deceased''s foot was still on the footrest and other leg was on the ground, which clearly indicates that she has fallen down

unable to maintain balance due to sudden movement of the vehicle and thereafter rear wheels of the vehicle mounted upon her legs. Such a conduct

on the part of the driver of a public vehicle indicates lack of proper due care while running the vehicle which is enough to hold about rash and

negligent driving on the part of the driver.

PW 3 who immediately arrived at the place of occurrence has also supported the evidence of PW 2, PW 4 and PW 5 and PW 3 and 4

identified the accused petitioner as the driver of the offended vehicle 407. On the basis of the evidence as discussed above the learned trial Court

has hold the accused guilty under said section of law. It reflects that learned appellate Court also appreciated all material particulars and has

affirmed the conviction and sentence by holding that the accused petitioner has been rightly held guilty by the learned trial Court. As is evident the

appellate Court has affirmed the order of the trial Court after careful scrutiny of the evidence on record and there being eye witnesses to the

occurrence, the guilt of the accused stands proved.

The law regarding the rush and negligent driving postulates that a rash act is primarily is an over hasty act and is thus opposed to a deliberate

act. In rashness the criminality lies in running the risk of doing an act with racklessness or indifferences to consequences. Criminal rashness is

hazarding a dangerous or wanton act with knowledge that it is so and it may cause injury, but without intention to cause injury. In the parlance of

law criminality lies in running the risk of doing such an act with racklessness or indifference as to the consequences. Negligence means breach of

duty caused by omission to do something which a reasonable man guided by relevant consideration which regulates the conduct of human affairs.

In the present case, as has been discussed above, the accused being a driver was under a duty to drive the vehicle with due care and caution

and whenever a vehicle is stopped for collecting passenger then he is under an obligation to ensure safe boarding of the passengers and after

obtaining proper signal he is to move the vehicle. Obviously the present case reflects the reverse picture rendering the conduct of the accused''s

liable for driving the vehicle in rash and negligent manner in the public road, endangering human life, likely to cause injury to the passengers. There

appears no any irregularity and illegality in the finding of the trial Court as well as appellate Court calling for interference.

The learned counsel for the petitioner prays for some consideration as regards the sentence due to the old pendency of the matter as well as

mental suffering of the accused petitioner because of long litigation. The learned Addl. P.P. also did not oppose to such submission. Considering all

above and the fact that the matter relates far back of 2002 which is more than 15 years and the suffering of the present petitioner for long litigation,

the sentence is hereby altered to a fine only. Accordingly, while upholding the conviction, accused is hereby sentence to pay a fine of Rs.1000/-

U/S 279 IPC, in default S.I. for one month and sentence to pay Rs.5000/- U./S 304A IPC, in default S.I. for three months (sentences will run

concurrently). Revision stands disposed of as indicated above. Return LCR.