The Bombay High Court on Monday quashed and set aside the conviction of Brihanmumbai Electric Supply and Transport (BEST) bus driver in connection with the death of a pedestrian 27 years ago. The court observed that whether the driver indulged in rash and negligent driving was not proved and the trial courts had convicted him as they appeared to have been “swayed away with emotion because of the demise of the injured”. A single-judge bench of Justice Milind N Jadhav acquitted bus driver Shivaji Damodar Karne, who was convicted by a magistrate court in 2001 for offences punishable under sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code. The sessions court had in 2002 upheld the magistrate's verdict. Karne had filed a revision application in HC challenging the orders of magistrate and sessions court. On December 2, 1997, then 32-year-old Karne was driving from Bazaar to Crawford Market in south Mumbai and while taking a turn at a traffic signal at the junction of JSS Road and Shamaldas Gandhi Marg, he rammed the deceased, who fell down and became unconscious at that time. The deceased man was declared dead when he was taken to the nearby hospital. “In the present case, the prosecution has failed to prove that there was criminal rashness and culpable negligence on the part of the applicant,” the bench noted, adding that no witness 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, 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 bench held. The bench said that as the applicant must be nearly 59-year-old now, if he had been suspended or dismissed from service owing to conviction order, he would be reinstated in service with full wages. If he has retired, then the BEST Undertaking shall disburse retirement benefits to him, the court directed while allowing the plea by Karne.
