Conviction under Sections 279 and 304A IPC upheld, with imprisonment replaced by a fine.

On 6 August 2016, an APSRTC bus driven by the petitioner collided with the deceased’s motorcycle near Royal Circle, Ballari.

The deceased sustained fatal injuries.

The prosecution alleged that the petitioner drove rashly and negligently and left the scene without reporting the accident.

The trial court convicted him under Sections 279 and 304A of the Indian Penal Code, 1860 (IPC), and Section 134(b) read with Section 187 of the Motor Vehicles Act, 1988 (MV Act), sentencing him to fines and six months’ simple imprisonment under Section 304A.

The appellate court affirmed the conviction and sentence.

The Court considered Sections 279 and 304A IPC, concerning rash or negligent driving and causing death by a rash or negligent act, respectively, and Section 134(b) read with Section 187 of the MV Act, concerning the driver’s post-accident obligations and the consequence of non-compliance.

It exercised its revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure, 1973, to consider whether the concurrent judgments disclosed an infirmity, illegality, or perversity requiring interference.

The judgment cites no precedent and sets out no separate general test beyond that standard.

The Court relied on the evidence of PW2 and PW3, whom it treated as eyewitnesses and who described the bus striking the deceased’s motorcycle; it found that the defence had not elicited evidence sufficient to discredit their testimony.

It also noted that the petitioner’s Section 313 CrPC statement did not explain how the accident occurred, and concluded that the trial and appellate courts had properly found the petitioner’s rash and negligent driving caused the accident and death.

Finding no basis to disturb the convictions, the Court accepted the request to modify the custodial sentence under Section 304A IPC, while retaining the fines for the other offences.

The six-month simple-imprisonment sentence under Section 304A IPC was replaced with a fine of ₹50,000, with six months’ simple imprisonment in default.

The fines of ₹1,000 under Section 279 IPC and ₹500 under Section 187 of the MV Act were maintained, making the total fine ₹51,500, payable within four weeks.

The Court directed that the conviction and fine would not affect the petitioner’s service conditions and discharged the bail and surety bonds.