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may 2009

Supreme Court of India · 2009-05-05

BRAHAM DASS vs STATE OF H.P.

Citation / case number
SC 2002/17529
Court
Supreme Court of India
Petitioner
BRAHAM DASS
Respondent
STATE OF H.P.
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that for establishing offences under Sections 279 and 304A IPC, it must be proven that the accused acted with rashness or negligence. The Court found that the prosecution failed to provide evidence showing that the driver was aware of a passenger on the roof of the bus or that he acted negligently. Consequently, the High Court's conviction was set aside, and the appellant was acquitted of all charges.

BRAHAM DASS vs STATE OF H.P. · Niyam