STATE Vs. NARHARI ANANT NAIK

JUDGEMENT

(1.) This is an appeal filed on behalf of the State, praying for the reasons mentioned therein, that the judgement passed by the learned Magistrate, Mapuca, acquitting the respondent-accused of the offences charged under Sections 304A and 337 of the I.P.C. be set aside.

(2.) The charge against the respondent-accused was that on 9th November 1966 at about 8.30 p.m. he drove jeep No. GDA 3634 in a rash and negligent manner resulting in the death of Charles Silveira, one of the occupants, and also injuries to four other occupants. The respondent-accused pleaded not guilty to this charge. He led no evidence.

(3.) The prosecution examined witnesses Antonio de Souza (PW 1), Errol Mathias; (PW 3), Roberto Bias (PW 4), Rullan Pereira (PW 5), Thomas D'Souza (PW 6) and Sub. Insp. Leonce Gracias (PW 7), in support of the charge. It may be stated that the powers of the High Court in an acquittal appeal are not different from the powers in hearing an appeal against conviction. It may also be stated that an accused st s with a presumption of innocence in his favour, and that this presumption is reinforced by an acquittal judgement. This is a well-settled principle. The requirements of Section 304A are that there must be a direct nexus between death of a person and rash and negligent act of the accused. A remote nexus is not enough. For the purpose of criminal law there are degrees of negligence and a very high degree of negligence is required to be proved before a charge can be sustained under this section and also Section 337. Reasonable foresight is the criterion of negligence. In the case of negligence, the person accused does not do an act which he is bound to do. Mere negligence is not enough to bring a case within the ambit and scope of these sections. Negligence or rashness proved by evidence must be such as should carry with it a criminal liability. Criminal rashness is hazarding a dangerous act with the knowledge that it is so and that it may cause an injury. There is a breach of positive duty.