Legal Provisions Involved: Sections 279 and 304A of the Indian Penal Code, Section 378 of the Criminal Procedure Code  

Judgement by: High Court of Delhi 

Judge/Bench: Hon’ble Mr Justice Amit Mahajan

Facts

On 20.11.2016, the respondent was driving a truck on a public road when he struck a motorcycle from behind, causing the death of the victim. The truck was loaded with 8000 bricks weighing 32,000 kg thus, exceeding the permissible weight limit. The Metropolitan Magistrate convicted the Respondent under Section 304A IPC.

Key Legal Provisions

Sections 279 and 304A of the Indian Penal Code, Section 378 of the Criminal Procedure Code, 1973.  

Issues raised

Whether the acquittal under Section 279 IPC was justified when conviction under Section 304A IPC was recorded for the same rash and negligent act.

Arguments of the case

The Appellant argued that the Magistrate erred by overlooking evidence that the truck was driven in a zig-zag manner and was heavily overloaded while the Respondent argued that there exists no infirmity in the acquittal by Magistrate under Section 279 IPC. 

Judgement

The Court held that rashness and negligence cannot be negated merely on account of low speed, particularly when the accused drove an overloaded vehicle in a zig-zag manner.

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