HC quashes BEST bus driver's conviction for pedestrian's death in 1997

The Bombay High Court on Monday quashed the conviction of a BEST bus driver in connection with the death of a pedestrian 27 years ago, noting that there was no evidence of rash and negligent driving.

A single bench of Justice Milind Jadhav, while acquitting the bus driver, Shivaji Karne, said the prosecution had failed to prove that the accident was caused because of rash and negligent driving.

It also pointed out that no witness had stated that Karne was speeding or broke the traffic signal.

“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, the conviction of the applicant (Karne) is not justified and warranted,” the court said.

It also took note of the fact that Karne had himself rushed the victim to a hospital.

The bench stated that the magistrate and sessions courts appear to have been “swayed away with emotion because of the demise of the injured”.

“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 would render him liable for punishment,” it said.

The court quashed the judgments and acquitted Karne.

A magistrate’s court convicted Karne under sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code in 2001, and the sessions court upheld the conviction in 2002.

Karne was sentenced to simple imprisonment for three months. He was taken into custody and was released on bail after spending two months in jail.

As per the case details, on December 2, 1997, Karne was driving from Chira Bazaar to Crawford Market in south Mumbai, and while taking a turn at a traffic signal, he rammed into a man crossing the road. Karne and the bus conductor rushed the man to a nearby hospital, where he was declared dead.

The prosecution claimed that Karne was driving the bus in a rash and negligent manner.

The high court noted that at the time of the accident, Karne was 32 years old and must be 58 now. It said if he had been suspended or dismissed from service owing to the conviction order, he would be reinstated in service with back wages.

If Karne has retired, then the BEST Undertaking shall disburse his retirement benefits to him, the court ordered.