Supreme Court · 2012 INSC 18 · Decided 12 January 2012
Alister Anthony Pareira v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2012 INSC 18 · [2012] 1 S.C.R. 145
- Case number
- CRIMINAL APPEAL No. 1318/2007
- Decided
- 12 January 2012
- Bench
- RAJENDRA MAL LODHA, J.S. KHEHAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 313; Motor Vehicles Act Section 185
Headnote
PENAL CODE, 1860: A B ss.304 (Part-I/) and 338 - Causing of death and grievous c hurt by rash and negligent driving - Permissibility of trial and conviction of a person for both offences for a single act of the same transaction - Held: Indictment of an accused u/ss 304 (Part II) and 338 can rash or negligent act where such an act is done with the knowledge 0 of likelihood of its dangerous consequences - It cannot be said that two charges are mutually destructive - If the act is done with the knowledge of the dangerous consequences which are likely to follow and if death is caused,
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