As per case facts, the petitioner was convicted by the trial court under IPC Sections 279, 337, and 304-A for a fatal accident involving a scooter and a Tata Sumo ...
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
Criminal Revision No.4047 of 2013
Date of Decision : 9
th
April, 2026
_______________________________________________________
Manohar Lal ….Petitioner
Versus
State of Himachal Pradesh …Respondent.
Coram:
The Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
1
Yes.
For the Petitioner : Mr. Virender Singh Rathour, Advocate.
For the Respondent : Mr. Rajan Kahol & Mr. Vishal Panwar,
Additional Advocate Generals with Mr. Ravi
Chauhan, Deputy Advocates General.
Sandeep Sharma, Judge (Oral)
Instant Criminal Revision Petition filed under Section 397/
401 of the Code of Criminal Procedure, lays challenge to judgment
dated 01.07.2013 passed by learned Additional Sessions Judge-III,
Kangra at Dharamshala, Himachal Pradesh, in Cr. Appeal No.26-
D/X/10/06, affirming the judgment of conviction dated 29.08.2006 and
sentence dated 30.08.2006, passed by learned Chief Judicial
Magistrate, Kangra at Dharamshala, Himachal Pradesh, in criminal
case No.26-II/04, whereby learned trial Court, while holding petitioner-
accused guilty of having committed the offence punishable under
Whether reporters of the local papers may be allowed to see the judgment?
2
Sections 279, 337 and 304-A of IPC, convicted and sentenced him
as under:-
2. In nutshell, case of the prosecution is that on 02.12.2003,
person, namely Neeraj Kumar was going from Dharamshala to
Kangra, driving a scooter bearing registration No.HP-40-6949 and
alongwith him one Sh. Manoj Kumar was a pillion rider. When
aforesaid scooter reached near Shahid Samarak, Dharamshala, a
Tata Sumo jeep bearing registration No.PB-06A-1993 came from
opposite side, being driven rashly and negligently by accused
Manohar Lal, who, while, overtaking a standing jeep, hit the scooter of
Neeraj Kumar, as a result whereof, Neeraj Kumar and Manoj Kumar
fell down and became unconscious. Two other persons, namely Sh.
Rajeev Kumar Dhiman and Sh. Malkiat Singh, who at relevant time
were also coming behind the scooter being driven by aforesaid Neeraj
Kumar, took injured to the hospital, whereafter the matter was
reported to the police.
Sr. Offence Sentence Fine
amount( )
1.
279 IPC Rigorous imprisonment for
one month
500/-
2.
337 IPC Rigorous imprisonment for
one month
500/-
3.
304-A Rigorous imprisonment for
Six months
2000/-
3
3. Complainant Manoj Kumar got his statement recorded
under Section 154 Cr.P.C., alleging therein that the accident occurred
on account of rash and negligent driving of the accused. In the
aforesaid background, FIR, as detailed hereinabove, came to be
lodged against the accused, wherein similar allegations, as have been
noted hereinabove, have been recorded. After completion of the
investigation, police presented the challan in the competent court of
law.
4. Learned trial Court after satisfying itself that a prima-facie
case exists against the accused, framed notice of accusation under
Sections 279, 337 and 304-A of IPC against him, to which he pleaded
not guilty and claimed trial.
5. Prosecution with a view to prove its case examined as
many as 13 witnesses. Accused in his statement recorded under
Section 313 Cr.P.C., denied the case of the prosecution in toto and
claimed himself to be innocent. Though, opportunity was granted to
the accused to lead evidence in defence, but in vain.
6. Learned trial Court on the basis of the evidence made
available on record by the prosecution, found accused guilty of having
committed the offence punishable under Sections 279, 337 and 304-A
of IPC and accordingly, convicted and sentenced him, as per the
description given hereinabove.
7. Feeling aggrieved and dissatisfied with the judgment of
conviction and order of sentence recorded by learned trial Court,
present petitioner-accused filed an appeal under Section 374(3) of the
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Code of Criminal Procedure before the learned Additional Sessions
Judge-III, Kangra at Dharamshala, which came to be registered as
Criminal Appeal No. 26-D/X/10/06, but same was also dismissed vide
judgment dated 01.07.2013. In the aforesaid background, present
petitioner approached this Court by way of instant criminal revision
petition, praying therein for his acquittal after quashing and setting-
aside the impugned judgments passed by the learned courts below.
8. Mr. Virender Singh Rathour, learned counsel for the
petitioner, vehemently argued that the Courts below, while
ascertaining the guilt of the accused for his having allegedly
committed offences punishable under Sections 279, 337 and 304-A
IPC, failed to appreciate the evidence in its right perspective, as a
result whereof findings to the detriment of the accused came to the
fore. While making this Court peruse the statements made by the
material prosecution witnesses, learned counsel for the petitioner
vehemently argued that none of the prosecution witnesses has stated
anything specific with regard to rash and negligent driving, if any, by
the accused and as such, there was no occasion, if any, for the
Courts below to hold accused guilty of having committed the offences
under the aforesaid provisions of law. He further argued that though
learned Additional Sessions Judge, Kangra at Dharamshala, while
passing the impugned judgment, categorically recorded that there is
no direct evidence suggestive of the fact that vehicle in question was
being driven in rash and negligent manner by the accused, but yet on
the basis of circumstantial evidence, he proceeded to uphold the
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judgment of conviction and order of sentence passed by learned trial
Court, which is not based upon proper appreciation of evidence led on
record by the respective parties.
9. To the contrary, Mr. Rajan Kahol, learned Additional
Advocate General, while supporting the impugned judgments passed
by learned Courts below, vehemently argued that the same are based
upon proper appreciation of evidence adduced on record by the
prosecution and there is no scope of interference in the same. He
further argued that otherwise also, this Court, while exercising
revisional jurisdiction under Section 397 Cr.P.C., has very limited
jurisdiction to re-appreciate the evidence. He also referred to the
statements made by the prosecution witnesses to point out that they
have categorically stated that the accident occurred on account of
rash and negligent act of the accused. While making this Court peruse
the spot map Ex. PW13/D, learned Additional Advocate General
vehemently argued that bare perusal of the same suggests that the
scooter, which was allegedly hit by the vehicle being driven by the
accused, was on its side, but the accused, while overtaking another
standing vehicle, hit the scooter, as a result of which, persons
travelling on the same suffered multiple injuries and, unfortunately,
one person lost his life. He also invited the attention of this Court to
the judgment passed by the Hon’ble Apex Court in State of Punjab
versus Saurabh Bakshi 2015 (5) SCC 182; wherein Hon’ble Apex
Court has held that courts below while dealing with the accident cases
should exercise great constraint, while taking lenient view against
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reckless drivers, who drive rashly and negligently. Learned Additional
Advocate General, has placed reliance upon the judgment passed by
Hon’ble Apex Court in case State of Kerala versus Puttumana Illath
Jathavedan Namboodiri (1999)2 Supreme Court Cases 452,
wherein it has been held as under:-
“ In its revisional jurisdiction, the High Court can call for and
examine the record of any proceedings for the purpose of satisfying
itself as to the correctness, legality or propriety of any finding,
sentence or order. In other words, the jurisdiction is one of
supervisory jurisdiction exercised by the High Court for correcting
miscarriage of justice. But the said revisional power cannot be
equated with the power of an appellate court nor can it be treated
even as a second appellate jurisdiction. Ordinarily, therefore, it would
not be appropriate for the High Court to re-appreciate the evidence
and come to its own conclusion on the same when the evidence has
already been appreciated by the Magistrate as well as Sessions
Judge in appeal, unless any glaring feature is brought to the notice
of the High Court which would otherwise tantamount to gross
miscarriage of justice.”
10. In the aforesaid background, he prayed that the present
petition deserves to be dismissed being devoid of any merit.
11. I have heard learned counsel representing the parties
and gone through the record carefully.
12. True, it is that while exercising the power under Section
397 of Criminal Procedure Code, this Court has very limited power to
re-appreciate the evidence available on record. But in the present
case, where accused has been convicted and sentenced under
Sections 279,337 and 304-A of the Indian Penal Code, this Court
solely with a view to ascertain that the judgments passed by both the
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Courts below are not perverse and same are based upon correct
appreciation of evidence available on record, undertook an exercise to
meticulously examine the evidence available on record to reach a fair
and just decision in the case.
13. As far as scope of power of this Court, while exercising
revisionary jurisdiction under Section 397 is concerned, the Hon’ble
Apex Court in Krishnan and another Versus Krishnaveni and
another, (1997) 4 Supreme Court Case 241; has held that in case
Court notices that there is a failure of justice or misuse of judicial
mechanism or procedure, sentence or order is not correct, it is
salutary duty of the High Court to prevent the abuse of the process or
miscarriage of justice or to correct irregularities/incorrectness
committed by inferior criminal court in its judicial process or illegality of
sentence or order. The relevant para of the judgment is reproduced as
under:-
8. The object of Section 483 and the purpose
behind conferring the revisional power under
Section 397 read with Section 401, upon the High
Court is to invest continuous supervisory
jurisdiction so as to prevent miscarriage of justice
or to correct irregularity of the procedure or to
mete out justice. In addition, the inherent power of
the High Court is preserved by Section 482. The
power of the High Court, therefore, is very wide.
However, the High Court must exercise such power
sparingly and cautiously when the Sessions Judge
has simultaneously exercised revisional power
under Section 397(1). However, when the High
Court notices that there has been failure of justice
or misuse of judicial mechanism or procedure,
sentence or order is not correct, it is but the
salutary duty of the High Court to prevent the
abuse of the process or miscarriage of justice or to
8
correct irregularities/ incorrectness committed by
inferior criminal court in its judicial process or
illegality of sentence or order.”
14. In the instant case, this Court solely with a view to
ascertain the genuineness and correctness of the submissions having
been made by the learned counsel representing the petitioner as well
as to find out “whether there is any illegality or infirmity in the
impugned judgments passed by the Court below, undertook an
exercise to peruse the evidence led on record by the prosecution,
perusal whereof, certainly persuade this Court to agree with the
submissions having been made by the learned counsel for the
petitioner/ accused that learned courts below have not appreciated
the evidence in its right perspective, as a result of which, erroneous
findings to the detriment of the petitioner-accused have come on
record.
15. In nutshell, case of the petitioner-accused, is that no
evidence, worth credence, ever came to be led on record to prove
rash and negligent driving, if any, at the behest of accused and if it is
so, learned court below could not have sentenced petitioner-accused
under Sections 279, 337 and 304-A of IPC. At this stage, it would be
profitable to reproduce Section 279 of IPC herein below:-
“ Rash driving or riding on a public way:- whoever drives any
vehicle, or rides, on any public way in a manner so rash or
negligent as to endanger human life, or to be likely to cause hurt or
injury to any other person, shall be punished with imprisonment of
either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees of with both.”
9
16. Careful perusal of aforesaid provision of law reveals that
to invoke Section 279 IPC, prosecution is under obligation to prove
that offending vehicle was being driven by the accused in rash and
negligent manner and due to his negligent act, injury was caused to
the complainant. Since factum with regard to injuries suffered by the
pillion rider, Sh. Manoj Kumar as well as Sh. Neeraj Kumar, is not in
dispute, this Court need not to go into aforesaid aspect of the matter.
Similarly, death of rider of the scooter, namely Sh. Neeraj Kumar, is
also not in dispute. Now, to ascertain whether the prosecution has
been able to prove that offending vehicle was being driven by the
accused in rash and negligent manner, this Court shall deal with the
evidence led on record in that regard by the prosecution.
17. Though, prosecution examined as many as 13 witnesses,
as stated hereinabove, but statements made by PW-1, Manoj Kumar
and PW-2, Rajeev Kumar, who are the spot witnesses, are relevant to
ascertain the correctness of submissions made at the behest of the
petitioner-accused. PW-1, Sh. Manoj Kumar, who was the pillion rider,
and suffered injuries in the accident, deposed that Neeraj Kumar was
driving the scooter at the relevant time and accused was driving the
Tata Sumo in rash and negligent manner. He further deposed that
Tata Sumo hit with the scooter, as a result of which, he and Neeraj fell
down from the scooter and sustained injuries. He also deposed that
he became unconscious at the spot. At this stage, learned Additional
Advocate General submitted that afore witness categorically stated
that vehicle was being driven rashly and negligently, but mere stating
10
of such fact that accused was driving the Tata Sumo in rash and
negligent manner may not be sufficient to conclude rashness and
negligence, especially in terms of Section 279 of IPC.
18. As per Section 279 of IPC, whoever drives any vehicle
on a public way in rash and negligent manner so as to endanger
human life, shall be liable to be punished with imprisonment of either
description for terms which may extend to six months, or with fine.
‘Negligence’ is the omission to do something which a reasonable
man, guided by those considerations which ordinarily regulate the
conduct of human affairs, would do, or doing something which a
prudent and reasonable man would not do.
19. ‘Speed’ is not the criteria to ascertain the rash and
negligent driving, rather it is the manner, in which offending vehicle
was driven, which determines rashness and negligence. As per the
spot map Ex.PW-13/D, the offending vehicle was coming from Kangra
to Dharamshala on its side, but since at the place of the accident, one
jeep was parked in the middle of the road, accused, while overtaking
the standing vehicle, had to change the lane, and in the meantime,
scooter being driven by Neeraj Kumar came from Dharamshala side
and was allegedly hit by Tata Sumo being driven by the petitioner-
accused. As per the prosecution case, the road at the spot of the
accident was quite wide and three vehicles could easily pass. It is also
not in dispute that Tata Sumo driven by the accused was moving
uphill side and as such, it can be inferred that speed of the vehicle at
that time may not have been very high, especially when it had to
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change its lane to overtake the standing vehicle. Moreover, perusal of
photographs Ex. PW-12/A to Ex. PW-12/E clearly reveals that scooter
being driven by the deceased Neeraj was hit by the bumper of Tata
Sumo from the driver’s side. Though, after being hit by the bumper of
the offending vehicle, the scooter fell down on the road, but
photographs of the scooter nowhere suggest that the same was hit
with high speed or force. At this stage, learned counsel for the
petitioner placed reliance upon the judgment passed by the Co-
ordinate Bench of this Court in case State of H.P and ors versus
Parmjit Singh, latest HLJ 2012(HP) 297 to substantiate his plea that
speed is not the only criteria to prove the rash and negligent driving.
The relevant para Nos.14 and 15 of the judgment is reproduced as
under:-
“14. It is a settled law that the speed is not a criterion to prove
the rash or negligent act of driving. The prosecution, as
already stated above is obliged to prove the necessary
ingredients of the offence by direct or circumstantial
evidence. To fasten the criminal liability for the offences
charged, there should be consistent, convincing and reliable
evidence. Even in the exceptional cases, where the rule of res
ipsa laquitar applies, it cannot be taken for guaranteed that
the driver of the vehicle involved in the accident is guilty of
offence. In the same situation, there could be civil liability as
well, in addition to the criminal liability, but so far as the
criminal liability, it has to be proved beyond reasonable doubt
and civil liability can be proved by preponderance of
probabilities.
15. On the strength of the aforesaid evidence, it is very
difficult to conclude that the accused was driving the vehicle
rashly or negligently, more specifically when it has also come
in the evidence that the deceased came in contact with the
12
offending vehicle while crossing the road. Therefore, in my
considered opinion, the offences punishable under Sections
279 and 304-A of the Indian Penal Code against the accused
are not made out.”
20. Leaving everything aside, neither PW-1 nor PW-2 has
stated anything specific with regard to rash and negligent driving, but
they have deposed that offending vehicle was being driven
negligently, which is not sufficient to invoke Section 279 of IPC, as
has been held by Hon'ble Apex Court as well as this Court in catena
of cases. Moreover, this Court, having taken note of the fact that
Manoj Kumar was the pillion rider, is persuaded to agree with learned
counsel for the petitioner that, being a pillion rider, he would not have
been in a position to clearly observe or assess the speed or manner in
which the offending vehicle was being driven. Interestingly, pillion
rider, who was the owner of the scooter, was wearing a helmet,
whereas Neeraj Kumar, who at the relevant time was driving the
scooter, was neither wearing helmet nor holding a valid driving
licence.
21. PW-2, Rajeev Kumar, who was coming on a scooter
behind the scooter of deceased Neeraj Kumar, deposed that Tata
Sumo coming towards Dharamshala side, while overtaking the
standing jeep, hit the scooter of the complainant. He deposed that
driver of the Tata Sumo had fled away from the spot. He nowhere
stated that Tata Sumo was being driven rashly and negligently by the
accused. He also deposed that offending vehicle was being driven by
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the accused in negligent manner, which is not sufficient to invoke
section 279 of IPC.
22. PW-3, Sh. Hans Raj Agnihotri, PW-4, Roshan Lal, PW-5,
HC Sushil Kumar, PW-7, Prem Chand, PW-8, Devender Pathania
and PW-9, Sanjeev Kumar are the formal witnesses and their
statements are not very relevant for determining the rash and
negligent driving, if any, by the accused.
23. PW-10, Dr. Adarsh Kumar, conducted the postmortem
examination on the body of Neeraj Kumar and issued report
Ex.PW10/A. PW-11, Dr. K.S.Dadhwal, medically examined Manoj
Kumar and Neeraj Kumar and issued MLCs Ex.PW11/A and
Ex.PW11/B, respectively. He deposed that the injuries suffered by
the injured could be caused in a vehicular road accident. No doubt,
MLCs adduced on record reveal that injuries suffered by deceased
Neeraj Kumar and Manoj Kumar were due to vehicular accident, but
once prosecution has been not able to prove that offending vehicle
was being driven rashly and negligently by accused, mere factum of
suffering injuries by Manoj Kumar and Neeraj Kumar may not be
sufficient to prove guilt, if any, of accused under Section 279 and 337
of IPC. Interestingly, learned Addititiional Session Judge, after having
gone through the evidence led on record by the prosecution though
arrived at a conclusion that there is no direct evidence that accused
was driving the vehicle in question in rash and negligent manner, but
yet taking note of circumstances, which otherwise have not been
14
disclosed in the judgment, proceeded to record that accused was
negligent in driving the vehicle.
24. Mere bald statement that the petitioner-accused was
negligent, by no stretch of imagination, could be termed to be
sufficient to hold the petitioner-accused guilty of having committed the
offence punishable under Section 279, 337 and 304 A IPC, hence,
this Court after having carefully perused the material on record has no
hesitation to conclude that the prosecution has miserably failed to
prove on record reckless or careless driving by the petitioner-accused
beyond reasonable doubt.
25. It is well settled that a person cannot be held criminally
accountable for his rashness and negligence merely because evil
consequences flow from his act, rather rashness must be such as to
endanger human life or personal safety of others. Similarly, for
criminal liability, the rashness or negligence must show a disregard for
human life or personal safety of others. Question whether an act is
criminally rash or negligent is a question of fact depending upon the
circumstances of particular case and as such, needs to be elucidated
minutely and with certain degree of precision. But in the instant case,
prosecution was unable to prove beyond reasonable doubt
negligence, if any, on the part of the petitioner-accused. In this
regard, reliance is placed upon the judgment passed by the Hon’ble
Apex Court in Braham Dass versus State of H.P. (2009) 7 Supreme
Court Cases 353. The relevant para No. 6 and 8 are reproduced
herein below:-
15
“6. In support of the appeal, learned counsel for the
appellant submitted that there was no evidence on record to
show any negligence. It has not been brought on record as to
how the appellant-accused was negligent in any way. On the
contrary what has been stated is that one person had gone to
the rooftop and the driver started the vehicle while he was
there. There was no evidence to show that the driver had
knowledge that any passenger was on the rooftop of the bus.
Learned counsel for the respondent on the other hand
submitted that PW-1 had stated that the conductor had told
the driver that one passenger was still on the roof of the bus
and the driver started the bus.
8. Section 279 deals with rash driving or riding on a pubic
way. A bare reading of the provision makes it clear that it must
be established that the accused was driving any vehicle on a
public way in manner which endangered human life or was
likely to cause hurt or injury to any other person. Obviously
the foundation in accusations under Section 279 IPC is not
(sic) negligence. Similarly, in Section 304-A the stress is on
causing death by negligence or rashness. Therefore, for brining
on application of either Section 270 or 304-A it must be
established that there was an element of rashness or
negligence. Even if the prosecution version is accepted in toto,
there was no evidence led to show that any negligence was
involved.”
26. The Hon’ble Apex Court in case titled “ State of
Karnataka v. Satish,”1998 (8) SCC 493. The relevant paras of which
are being reproduced herein below:-
“1. Truck No. MYE-3236 being driven by the respondent turned
turtle while crossing a "nalla" on 25-11-1982 at about 8.30 a.m.
The accident resulted in the death of 15 persons and receipt of
injuries by about 18 persons, who were travelling in the fully
loaded truck. The respondent was charge-sheeted and tried. The
learned trial court held that the respondent drove the vehicle at
a high speed and it was on that account that the accident took
place. The respondent was convicted for offences under
Sections 279, 337, 338 and 304A IPC and sentenced to various
terms of imprisonment. The respondent challenged his
conviction and sentence before the Second Additional Sessions
Judge, Belgaum. While the conviction and sentence imposed
upon the respondent for the offence under Section 279 IPC was
set aside, the appellate court confirmed the conviction and
sentenced the respondent for offences under Sections 304A,
337 and 338 IPC. On a criminal revision petition being filed by
16
the respondent before the High Court of Karnataka, the
conviction and sentence of the respondent for all the offences
were set aside and the respondent was acquitted. This appeal
by special leave is directed against the said judgment of
acquittal passed by the High Court of Karnataka.
2. We have examined the record and heard learned counsel for the
parties.
3. Both the trial court and the appellate court held the respondent
guilty for offences under Sections 337, 338 and 304A IPC after
recording a finding that the respondent was driving the truck at
a "high speed". No specific finding has been recorded either by
the trial court or by the first appellate court to the effect that the
respondent was driving the truck either negligently or rashly.
After holding that the respondent was driving the truck at a
"high speed", both the courts pressed into aid the doctrine of
res ipsa loquitur to hold the respondent guilty.
4. Merely because the truck was being driven at a "high speed"
does not bespeak of either "negligence" or "rashness" by itself.
None of the witnesses examined by the prosecution could give
any indication, even approximately, as to what they meant by
"high speed". "High speed" is a relative term. It was for the
prosecution to bring on record material to establish as to what it
meant by "high speed" in the facts and circumstances of the
case. In a criminal trial, the burden of providing everything
essential to the establishment of the charge against an accused
always rests on the prosecution and there is a presumption of
innocence in favour of the accused until the contrary is proved.
Criminality is not to be presumed, subject of course to some
statutory exceptions. There is no such statutory exception
pleaded in the present case. In the absence of any material on
the record, no presumption of "rashness" or "negligence" could
be drawn by invoking the maxim "res ipsa loquitur". There is
evidence to show that immediately before the truck turned
turtle, there was a big jerk. It is not explained as to whether the
jerk was because of the uneven road or mechanical failure. The
Motor Vehicle Inspector who inspected the vehicle had
submitted his report. That report is not forthcoming from the
record and the Inspector was not examined for reasons best
known to the prosecution. This is a serious infirmity and lacuna
in the prosecution case.
27. At this stage, this Court also cannot lose sight of the stern
observations made by the Hon’ble Apex Court in State of Punjab
versus Saurabh Bakshi 2015 (5) SCC 182, wherein it has been
observed as follows:-
25. Before parting with the case we are compelled to observe
that India has a disreputable record of road accidents. There is a
17
nonchalant attitude among the drivers. They feel that they are the
“Emperors of all they survey”. Drunkenness contributes to
careless driving where the other people become their prey. The
poor feel that their lives are not safe, the pedestrians think of
uncertainty and the civilized persons drive in constant fear but still
apprehensive about the obnoxious attitude of the people who
project themselves as “larger than life”. In such obtaining
circumstances, we are bound to observe that the law-makers
should scrutinize, relook and revisit the sentencing policy in
Section 304-A IPC, so with immense anguish.”
28. There cannot be any quarrel, whatsoever, with regard to
the observations made by the Hon’ble Apex Court with regard to the
careless/reckless driving of the drivers and the fact that drivers driving
under the influence of alcohol deserve to be punished but in the
present case careful perusal of evidence adduced on record by the
prosecution, nowhere suggest that the prosecution was able to prove
beyond reasonable doubt that vehicle was being driven by the
petitioner-accused in rash and negligent manner and he was under
the influence of liquor.
29. After having carefully perused the record and the
statements of the witnesses and applying ratio of law laid down by the
Hon’ble Apex Court in the judgment, noted hereinabove, this court is
of the view that the judgments passed by the courts below are not
based upon correct appreciation of the evidence adduced on record
and as such, same deserve to be quashed and set-aside.
30. Consequently, in view of the detailed discussion made
herein above, the present petition is allowed and the judgments
passed by the courts below are quashed and set-aside. Accordingly,
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petitioner-accused is acquitted of the charges framed against him.
His bail bonds/personal bonds are ordered to be discharged and
interim order, if any, is vacated. All applications, if any, also stand
disposed of.
(Sandeep Sharma)
9
th
April 2026 Judge
(shankar)
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