The Supreme Court has delivered a judgment in an appeal case, modifying the conviction of a bus conductor and sentencing him to six months of imprisonment under Section 338 of the Indian Penal Code (IPC).
The two-judge bench consisting of Justice Abhay S. Oka and Justice Rajesh Bindal held that the offence of attempt to commit culpable homicide not amounting to murder, under Section 308 IPC, was not made out due to the absence of intention and knowledge as stipulated by Section 299 IPC.
Brief Facts:
The case involved a bus conductor (Appellant) who was accused of ringing the bell, signalling the driver to start the vehicle, which resulted in a student (PW-1) falling and sustaining injuries. The Additional Sessions Judge had convicted the appellant and another accused under Section 308 IPC, but the High Court had acquitted the second accused and reduced the appellant's sentence to one year. The appellant appealed to the Supreme Court challenging the conviction.
Contentions of the Appellant:
The appellant's counsel argued that there was insufficient evidence to establish the offence of attempt to commit culpable homicide not amounting to murder. The appellant's actions were limited to ringing the bell, which signalled the driver to start the bus, resulting in the victim falling and sustaining injuries. It was contended that since accused No. 3 had been acquitted, the appellant's conviction could not be sustained.
Contentions of the Respondent:
On the other hand, the state's counsel emphasized the appellant's duty as a conductor to ensure the safe boarding of passengers and close the bus door before signalling the driver to start. It was further submitted that the appellant was aware of the presence of students waiting to board the bus and that his act of ringing the bell without precautions could potentially lead to a passenger's death.
Observations by the Court:
The Supreme Court analysed the evidence and concluded that the offence of attempting to commit culpable homicide not amounting to murder was not established. However, it found the appellant guilty of negligence for failing to perform his duty as a conductor and endangering human life. Based on this, the court modified the conviction to Section 338 IPC, which pertains to causing grievous hurt by an act endangering the life or personal safety of others.
The decision of the Court:
In sentencing, the court ordered the appellant to undergo six months of simple imprisonment and pay a total of Rs. 75,000 as compensation. Out of this amount, Rs. 50,000 had already been deposited, and an additional Rs. 25,000 was to be deposited within two months. The compensation of Rs. 45,000 would be paid to the victim (PW-1), and the remaining Rs. 5,000 would go to the state government.
The Supreme Court's decision clarifies the offence committed by the bus conductor, emphasizing the absence of intention to cause death or knowledge that such an act would result in the death of the victim. The modification of the conviction highlights the importance of fulfilling one's duty responsibly and the consequences of negligence that endangers human life.
Case Name: Abdul Ansar v. State of Kerala
Case No.: Criminal Appeal No. 1751 of 2023
Citation: 2023 Latest Case law 550 SC
Coram: Justice Abhay S. Oka and Justice Rajesh Bindal
Advocates for the Petitioner: Mr. P.V. Dinesh, Mr. Zulfiker Ali P. S, AOR, Mr. Augustine Peter, Ms. Lakshmi Sree P., Ms. Lebina Baby, Advs.
Advocates for the Respondent: Mr. Harshad V. Hameed, AOR, Mr. Dileep Poolakkot, Mr. Subhash Chandran K.r., Mrs. Ashly Harshad, Advs.
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