Supreme Court · 2007 INSC 1144 · Decided 12 November 2007
Naresh Giri v. State of M.P.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1144 · [2007] 11 S.C.R. 987
- Case number
- CRIMINAL APPEAL No. 1530/2007
- Decided
- 12 November 2007
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 304, 325, 323, 279, 337
Headnote
Penal Code, 1860: ss. 302, 304 A, 279 and 337-Train hitting the bus carrying C passengers when it was near the railway crossing-Injuries to passengers and death of two-Driver charged u/s 302 and alternatively u/ss. 3 04, 3 2 5 and 3 23-Drivers 'case that railway crossing unmanned and engine subsequent to framing of D charges-On facts, s. 302 not applicable-Hence, charges altered to s. 304 A with ss. 279 and 337. s. 304 A-Applicability of-Determination-Held: s. 304 A applies to rash and negligent acts which directly causes death-There should be neither intention nor knowledge to
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