Supreme Court of India · 2009-05-05
Braham Dass vs State Of H.P
- Citation / case number
- AIR 2009 SUPREME COURT 3181
- Court
- Supreme Court of India
- Petitioner
- Braham Dass
- Respondent
- State Of H.P
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that for convictions under Sections 279 and 304A IPC, it must be established that the accused acted with rashness or negligence. The Court found that the prosecution failed to provide evidence of negligence, as the driver was not shown to have knowledge of the passenger on the roof of the bus. Consequently, the High Court's judgment convicting the appellant was set aside, and the appellant was acquitted of all charges.