STATE OF GUJARAT versus HAIDARALI KALUBHAI

Citation: [1976] 3 S.C.R. 303 · Decided: 03-02-1976 · Supreme Court of India · Bench: P.K. GOSWAMI · Disposal: Dismissed

Judgment (excerpt)

I 
\ 
• 
STATE OF GUJARAT 
v. 
HAIDARALI KALUBHAI 
February 3, 1976 
[P. K. GOSWAMI AND P. N. SHINGHAL, JJ.J 
303 
Indian Penal Code-Section 304A-lngredients of-Loss of control over 
the speeding truck causing the fatal injury falls under s. 304A. 
On August 23, 1969, the respondent accused came in a tractor and stopped 
it on the highway. 
Seeing the parked truck GTF 904 which he used to drive 
previously, the accused used the key of his tractor to start the same and drove 
it with the head lights on in full speed, The conductor of the truck owner 
\Vas also in the tractor at that time. The tractor while being driven by the 
field and while he was trying to turn towards the kutcha road, hit against the 
cot in which the village Sarpanch who was resting on it and talking with three 
policemen. 
The policemen jumped from the cot and sustained injuries, while 
the Sarpanch who was thrown away by the impact of the tractor to a distance 
·of about ten feet from the cot, had grievous injuries to \Vhich he succumbed 
later. Since there was enmity between the deeeased and the accused over 
the Panchayat elections, the prosecution put up a case of deliberate and v.·ilful 
driving of the vehicle towards the cot with the intention of causing death of 
the deceased Sarpanch. The Sessions Judge convicted the accused (i) under 
s. 304 Part II, J.P.C. for causing the death of the Sarpanch and (ii) under 
s. 326 and 323. LP .C. for causing injuries to the two other persons and 
sentenced him for rigorous imprisonment for seven years and two years respec· 
tively for the said offences. 
On appeal to the High Couff, the conviction 
was altered to one under s. 304A only and the respondent was sentenced to 
rigorous imprisotHnent for 18 months and to a fine of Rs. 500/ .. 
Dismissing the State's appeal by special leave, the Court, 
HELD : ( 1) Section 304A carves out a specific offence where death is 
caused by doing a rash or negligent act and that act does not amount to 
culpable homicide under s. 299, I.P.C. or murder under s. 300 I.P.C. 
Each 
case Will depend on the particular facts established against the accused. 
[305A-BJ 
(2) Section 304A, by its own definition totally excludes the ingredients of 
s. 299 or s. 300, I.P.C. Doing an act with the intent to kill a person or 
A 
B 
c 
D 
E 
knowledge that doing of an act is likely to cause a person's death are ingredients 
\ 
of the offence of culpable homicide. When intent or knowledge is the direct 
F 
motivating force of the act complained of, s. 304A has to make room for the 
graver and more serious charge of culpable homicide. 
[306 GH, 307AJ 
(3) In the instant case, the tangential track of the speeding truck coming 
in contact with the corner of the steel cot throwing it _over the wooden cot 
and thereby throwing the deceased out of it resulting in fatal injuries. would 
not reveal the accused's intention or any deliberate act with the requisite know-
ledge for an offence of culpable homicide. The facts and circumstances dis· 
closed in this case fit in more reasonably v.1ith the theory of loss of control 
G 
by the accused of the vehicle in high speed trying to take a turn for the 
kutcha road. The case falls under s. 304A, l.P.C. and not under 3. 304 
Part II, l.P.C. [307-A-C] 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 188 of 
1971. 
Appeal by special leave from the judgment and order dated the 
29-9-1970 of the Gujarat High Court in Criminal Appeal No. 410 
of 1970. 
H 
A 
B 
c 
D 
E 
G 
H 
304 
SUPREME COURT REPORTS 
[1976] 3 s.c.R. 
D. Mookherjee, S. K. Dholakia and M. N. Shroff, for the appellant. 
K. J. Shethna and Vimal Dave and Miss Kai/ash Mehta, for the 
respondent. 
The Judgment of the Court was delivered by 
GOSWAMI, J .-The accused Haidarali Kalubhai was convicted by 
the Sessions Judge, Mehsana, under section 304 Part II, Indian Penal 
Code, and was sentenced to rigorous imprisonment for seven years for 
causing death of Mahomadali Kasamali. He was also convicted under 
sections 326 and 323 I.P.C. and s·ontenced to rigorous imprisonment 
for two years and to three months respectively in connection with 
injuries to two other persons. 
On appeal to the High Court convic-
tion was altered to one under section 304 A.l.P .C. only and the accused 
was sentenced to rigorous imprisonment for eighteen months and to a 
fine of Rs. 500/-, in default rigorous imprisonment for six months. 
Briefly the facts are as follows :-
It was usual for the deceased Mahoma

Excerpt shown. Read the full judgment & AI analysis in Lexace.