Penal Code, 1860 – Sections 337, 338, 304A – Motor Vehicles Act, 1988 – Section 3 r/w Section 181 – Rash and Negligent Driving – Conviction and Sentence – Appeal – Validity of Driving Licence – Mechanical Defect of Vehicle – Evidence of Injured Witness and Independent Witnesses – Modification of Sentence.
Code of Criminal Procedure, 1973 – Section 161 – Word used in Section 161 (3) of Cr.P.C. is ‘may’, therefore, recording of statement under Section 161 of Cr.P.C. is not mandatory. (Para 20)
2025 KER 43803 : 2025 KLT OnLine 2149
High Court of Kerala; Hon’ble Mr. Justice A. Badharudeen
Crl.A. No. 76 of 2012; 19.06.2025
Facts: The appellant, accused of rash and negligent driving of a KSRTC bus without a valid driving licence, collided with a motorcycle on 02.12.2005, causing the rider’s death and grievous injuries to the pillion rider. The trial court convicted him under Sections 337, 338, 304A of IPC and Section 3 r/w 181 of the MV Act, sentencing him to imprisonment and fines. The appellant challenged the conviction, alleging a mechanical defect (brake failure) in the motorcycle and lack of evidence on the driving licence’s invalidity.
Held:
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Conviction under IPC Sections 337, 338, 304A: Upheld. Evidence of the injured pillion rider (PW3) and independent witnesses (PW4, PW5), corroborated by the postmortem certificate, established rash and negligent driving by the accused, causing the accident. The Motor Vehicle Inspector’s report (Ext.P16) confirmed no mechanical defect in the motorcycle, negating the appellant’s claim of brake failure.
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Conviction under MV Act Section 3 r/w 181: Set aside. The prosecution failed to tender evidence proving the driving licence’s invalidity, as the unrenewed licence referenced in Ext.P4 was not produced in court.
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Sentence Modification: Considering the appellant’s health issues, the sentence under Section 304A was reduced to 6 months’ rigorous imprisonment with a Rs.10,000 fine; under Section 337 to 1 month; and under Section 338 to 2 months. Sentences to run concurrently, with set-off for prior detention.
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Compensation: Fine amounts, if realized, to be disbursed to the deceased’s legal heirs and the injured pillion rider as per Section 357 Cr.P.C.
Ratio: Rashness and negligence under Sections 337, 338, and 304A IPC require proof of an act endangering human life or causing death, established through credible witness testimony and corroborative evidence. Conviction under Section 3 r/w 181 of the MV Act necessitates conclusive evidence of driving without a valid licence, failing which the charge cannot stand.
Appeal: Allowed in part. Convictions under IPC upheld, conviction under MV Act set aside, and sentences modified.
Counsel:
| Adv. Sri G. Sudheer for the Appellant |  Adv. Sheeba Thomas Public Prosecutor for the Respondent. |
Key References:
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Indian Penal Code, 1860 – Sections 337, 338, 304A
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Motor Vehicles Act, 1988 – Section 3 r/w 181
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Code of Criminal Procedure, 1973 – Sections 357, 428
