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2. Accordingly, charge sheet was filed u/sec 173 CrPC, copies were supplied to the accused in compliance of section 207 cr.p.c and on the basis of the material on record, notice for the offence punishable u/s 279/337 IPC was framed against the accused on 15.01.2003, to which the accused pleaded not guilty and claimed trial.

3. Prosecution in order to substantiate, prove its case and to nail the guilt of the accused has examined as many as six witnesses namely :­

10. Now, the stage has been set to appreciate the evidence on record in the light of the following essential ingredients of the offence alleged to be committed by the accused.

Essential Ingredients of Offence U/sec 279 IPC and 337 IPC are as follows :

To establish offence Uunder Section 279 IPC, the prosecution has to satisfy the following ingredients:
a) A person drives any vehicle or rides (any human being)
b) Such driving or riding is on any public way.

RASHNESS OR NEGLIGENCE

23. The other most essential ingredients to be proved by the prosecution for the offence under sections 279/337 IPC against the accused is "Rash and Negligent Driving".

24. Before proceeding further, it is necessary to analysis what section 279 and 337 IPC say about rash or negligent driving. The section 337 IPC does not exactly specify what is meant by word rash and negligence.

As per Straight J. Criminal rashness " is doing a dangerous or Wanton Act with the knowledge that it is so, and that it may cause injury, but without intention to cause such injury, or with the knowledge that such injury will probably be caused". The criminality lies in running the risk or doing of such an act with recklessness or indifference as to its consequences. Criminal FIR no. 348/00 State v. Mohd. Iqbal Parvej Page no. 16 of 28 negligence "is the gross and culpable neglect or failure to exercise reasonable and proper care and precautions to guard against any injury either to the public generally or to an individual in particular, which having regard to all the circumstances out of which the consequences has arisen, it was the imperative duty of the accused persons to have adopted".

Keeping the facts and circumstances of the case, the convict is sentenced to under go simple imprisonment of 2 months and to pay a fine of Rs. 1,000/­ for the offence punishable U/sec 279 IPC in default of the payment of fine the convict shall be liable to under go simple imprisonment for 10 days. The convict is also sentenced to under go simple imprisonment of 2 months and to pay a fine of Rs. 500/­ for the offence punishable U/sec 337 IPC in default of the FIR no. 348/00 State v. Mohd. Iqbal Parvej Page no. 27 of 28 payment of fine the convict shall be liable to under go simple imprisonment for 10 days.