Court to Hear Appeals Together for Rash and Negligent Driving Incident Involving Overloaded Truck
In a significant development, the Delhi High Court has granted the State leave to appeal against the acquittal of Sabu, who was previously acquitted under Section 279 of the Indian Penal Code (IPC) for rash driving. This decision was pronounced by Justice Amit Mahajan, who found substantial grounds to challenge the earlier acquittal by the Metropolitan Magistrate. The case stems from an incident on November 20, 2016, involving a fatal road accident caused by Sabu, who was driving a heavily overloaded truck that collided with a motorcycle, resulting in the motorcyclist's death.
The trial court had acquitted Sabu of the charge under Section 279 IPC, citing insufficient evidence of rash and negligent driving prior to the accident. However, he was convicted under Section 304A IPC for causing death by negligence. The State, represented by Additional Public Prosecutor Ritesh Kumar Bahri, argued that both offenses pertain to rash or negligent acts, emphasizing the testimony of eyewitnesses who described the truck's zigzag manner of driving. The court acknowledged that the absence of excessive speed does not negate rash or negligent driving.
In its analysis, the High Court pointed out that the learned Magistrate's focus on the vehicle's speed overlooked the broader context of driving behavior, which included driving an overloaded truck in a dangerous manner. The court noted that the act of endangering human life, as described in Section 279 IPC, is criminalized irrespective of speed.
Additionally, the High Court found it prudent to consolidate Sabu's pending appeal against his conviction under Section 304A IPC with the current appeal, transferring the appeal from the Sessions Court to the High Court for a joint hearing. This decision ensures that the intertwined allegations of rashness and negligence are addressed comprehensively.
The court has directed the District and Sessions Judge to transmit the necessary documents to facilitate the joint hearing. The matter is scheduled for further proceedings on March 20, 2026.
Bottom Line:
In cases of road traffic accidents, an acquittal under Section 279 of IPC can still be challenged even if there is a conviction under Section 304A IPC, as both offences pertain to rash or negligent acts, with Section 279 IPC focusing on endangerment of human life or likelihood of injury on a public way.
Statutory provision(s): Section 279 IPC, Section 304A IPC, Section 447 Bharatiya Nagarik Suraksha Sanhita, 2023 (Corresponding to Section 407 CrPC)
