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Synopsis

The Bombay High Court has quashed the conviction of the BEST bus driver, Shivaji Damodar Karne, who had been found guilty of killing a 27-year-old pedestrian.

A single-judge bench of Justice Milind Jadhav was hearing an appeal filed by Karne against the Sessions Court's decision upholding his conviction.

Initially, the Magistrate Court had convicted Karne for rash driving and causing death by negligence. Dissatisfied with this ruling, Karne filed an appeal before the Sessions Court, which upheld the conviction and sentenced him to three months of imprisonment.

According to the prosecution, the incident took place on December 2, 1997, when Karne, while driving near Crawford Market, hit a pedestrian as he was making a turn near a signal. The pedestrian was taken to a hospital, where he was declared dead.

The high court in its order noted that “There is no doubt that the incident has led to the death of a person but when there is no evidence relating to rash and negligent driving, as also with respect to contributory negligence on the part of the deceased while crossing the road and attempting to cross the road in front of the BEST bus, conviction of Applicant is not justified and warranted on that ground,” the order reads.

The bench noted that the prosecution failed to prove that there was criminal rashness and negligence on part of Karne.

“In the present case the prosecution has failed to prove that there was criminal rashness and culpable negligence on the part of the Applicant which could render him liable for punishment under Section 304A of the IPC,” the order reads.

The high court while quashing the conviction of Shivaji Damodar Karne, a BEST directed that if Karne was suspended due to his conviction, he should be reinstated. Additionally, if he had retired, the court instructed the BEST to disburse his retiral benefits accordingly.

Case title: Shivaji Damodar Karne vs State of Maharashtra