Supreme Court of India · 1967-12-01
SULEMAN REHIMAN MULANI & ANR. vs STATE OF MAHARASHTRA
- Citation / case number
- SC 1965/157
- Court
- Supreme Court of India
- Petitioner
- SULEMAN REHIMAN MULANI & ANR.
- Respondent
- STATE OF MAHARASHTRA
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the conviction of the first appellant under Section 304-A IPC could not be sustained due to lack of evidence proving that his actions were the proximate cause of death. The Court emphasized that mere possession of a learner's license does not imply incompetence in driving, and the prosecution must establish a direct nexus between the accused's negligent act and the death. Consequently, the conviction of the second appellant under Section 201 IPC was also set aside as it required proof of an underlying offence, which was not established.