1996 JTR(SC) 552
1999 ACJ 1378 ; 1999 1 JCC 97 ; 1998 8 SCC 493 ; 1998 SCC(Cri) 1508 ; 1998 KHC 1353 ; 1996 1 KLT(Online) 1053
SUPREME COURT OF INDIA
A. S. Anand, S. B. Majmudar
STATE OF KARNATAKA, APPELLANT
Versus
SATISH, RESPONDENT.
Criminal Appeal No. 1028 of 1995,
decided on March 13, 1996.
Act Referred :INDIAN PENAL CODE : S.337, S.338, S.304(a)
India Penal Code, 1860 - Travel in fully loaded truck – Accident - Mye-being driven by respondent turned turtle while crossing at about accident resulted in of persons and receipt of injuries by about persons who were travelling in fully loaded truck - was charge-sheeted and tried - The learned trial court held that the respondent drove vehicle at a high speed and it was on that account that the accident took place - The respondent was convicted for offences under Sections and - IPC and sentenced to various terms of imprisonment - Respondent challenged his conviction and sentence before Second Additional Sessions Judge Belgium - While the conviction and sentence imposed upon respondent for offence under Section was set aside the appellate court confirmed the conviction and sentenced respondent for offences under Sections - And - On criminal revision petition being filed by respondent before High Court of Karnataka the conviction and sentence of the respondent for all offences were set aside and respondent was acquitted - This appeal by special leave is directed against said judgment of acquittal passed by High Court of Karnataka – Held, 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 maxim res There is evidence to show that immediately before truck turned turtle there was a big jerk - It is not explained as to whether the jerk was because of 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 - There being no evidence on the record to establish negligence or driving the truck on the part of the respondent it cannot be said that the view taken by the High Court in acquitting the respondent is a perverse view - appeal dismissed
India Penal Code, 1860 - Travel in fully loaded truck – Accident - Mye-being driven by respondent turned turtle while crossing at about accident resulted in of persons and receipt of injuries by about persons who were travelling in fully loaded truck - was charge-sheeted and tried - The learned trial court held that the respondent drove vehicle at a high speed and it was on that account that the accident took place - The respondent was convicted for offences under Sections and - IPC and sentenced to various terms of imprisonment - Respondent challenged his conviction and sentence before Second Additional Sessions Judge Belgium - While the conviction and sentence imposed upon respondent for offence under Section was set aside the appellate court confirmed the conviction and sentenced respondent for offences under Sections - And - On criminal revision petition being filed by respondent before High Court of Karnataka the conviction and sentence of the respondent for all offences were set aside and respondent was acquitted - This appeal by special leave is directed against said judgment of acquittal passed by High Court of Karnataka – Held, 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 maxim res There is evidence to show that immediately before truck turned turtle there was a big jerk - It is not explained as to whether the jerk was because of 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 - There being no evidence on the record to establish negligence or driving the truck on the part of the respondent it cannot be said that the view taken by the High Court in acquitting the respondent is a perverse view - appeal dismissed
ORDER
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 304-A IPC and sentenced to various terms of imprisonment. The respondent challenged his conviction and sentence before the Second Additional Sessions Judge, Belgium. 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 304-A, 337 and 338 IPC. On a criminal revision petition being filed by 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 304-A 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.
5. There being no evidence on the record to establish "negligence" or "rashness" in driving the truck on the part of the respondent, it cannot be said that the view taken by the High Court in acquitting the respondent is a perverse view. To us it appears that the view of the High Court, in the facts and circumstances of this case, is a reasonably possible view. We, therefore, do not find any reason to interfere with the order of acquittal. The appeal fails and is dismissed. The respondent is on bail. His bail bonds shall stand discharged.