Showing posts with label تیز رفتاری. Show all posts
Showing posts with label تیز رفتاری. Show all posts

Tuesday, June 1, 2021

Rash driving

     

      2021 PCrLJ 895

Ss. 279 & 337-G---Criminal Procedure Code (V of 1898) Ss. 435 & 439---Rash driving or driving on a public way---Punishment for hurt by rash or negligent driving---Simultaneous conviction of accused under Ss. 279 & 337-G, P.P.C.-Scope---Accused impugned his conviction under Ss. 279 & 337-G, P.P.C. on ground, inter alia, that that under law, he could not have been convicted under Ss. 279 & 337-G, P.P.C. simultaneously---Validity---Bare reading of Ss. 279 & 337-G, P.P.C. revealed that same applied to two different situations- Section 279, P.P.C. was applicable where there was rash or negligent driving or riding on public way which endangered human life, however where such driving actually caused hurt to person(s), then S. 337-G, P.P.C. would be attracted---Accused therefore could not have been convicted under Ss. 279 & 337-G, P.P.C. simultaneously- Imposition of separate sentences would not be justified where acts constituting two different offences formed part of same transaction against same accused---In the present case, it was proved that accused actually caused hurt to victims and therefore his conviction fell squarely within ambit of S. 337-G, P.P.C.---Trial Court therefore erred by convicting accused simultaneously under Ss. 279 & 337-G, P.P.C.---High Court set aside conviction of petitioner under S. 279, P.P.C. while maintaining conviction under S. 337-G, P.P.C.--.2021 PCrLJ 895

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