NARESH GIRI versus STATE OF M.P.

NARESH GIRI versus STATE OF M.P.

Section 302 IPC does not apply to the facts as there was no evidence of intent to cause death; the acts amounted to rash and negligent driving attracting section 304A IPC. Charges should be altered to section 304A with sections 279 and 337 IPC.

Parties
Appellant: Nareshgiri; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
12 November 2007
Procedural Posture
Criminal Appeal / Appeal From High Court Revision Order
Outcome
Appeal allowed
Legal Topics
Rash and Negligent Driving, Alteration of Charges, Culpable Homicide, Negligence, Section 304 a IPC Applicability
Criminal Law Rash and Negligent Driving Alteration of Charges Culpable Homicide Negligence Section 304 a IPC Applicability

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Parties

Nareshgiri

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether section 302 IPC is applicable for death caused by rash and negligent driving at unmanned railway crossing
  2. 2 Whether the charges should be altered to section 304A, 279, and 337 IPC

Ratio Decidendi

Section 302 IPC does not apply to the facts as there was no evidence of intent to cause death; the acts amounted to rash and negligent driving attracting section 304A IPC. Charges should be altered to section 304A with sections 279 and 337 IPC.

Court Disposition

Appeal allowed

Orders

  • Charges altered to section 304-A IPC along with sections 279 and 337 IPC