By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence for which he is tried.
Causing grievous hurt by act endangering life or personal safety of others – At that relevant time, the bus was overcrowded. There were a number of passengers waiting at the bus stop. Therefore, it was the duty of the conductor to take care of the passengers. Hence, before he rang the bell and gave a signal to the driver to start the bus, he ought to have verified whether all passengers had safely boarded the bus. He could have ascertained this from accused no.3 – cleaner who was standing near the door of the bus. However, he did not take that precaution and care which he was under an obligation to take. Therefore, the accused acted rashly and negligently as he did not perform his duty of being careful. The accused knew that at the relevant bus stop, a large number of students were waiting to take the bus to reach their school and therefore, the accused ought to have verified whether all the passengers had properly boarded the bus before giving the signal to the driver. However, he did not verify whether the passengers had properly boarded the bus. Therefore, he is guilty of negligence as he failed to perform his duty. In fact, this was an act of recklessness on his part. The fact is that due to the negligence on the part of the accused, human life was endangered. Conviction under section 308 IPC not sustainable if accused had no intention or knowledge to cause death
[Abdul Ansar v. State of Kerala, (2023) 8 SCC 175]
Case Comment: The accused knew that at the relevant bus stop, a large number of students were waiting to take the bus to reach their school and therefore, the accused ought to have verified whether all the passengers had properly boarded the bus before giving the signal to the driver. However, he did not verify whether the passengers had properly boarded the bus. Therefore, he is guilty of negligence as he failed to perform his duty. In fact, this was an act of recklessness on his part. Conviction under section 308 IPC not sustainable if accused had no intention or knowledge to cause death. Hence, the Apex Court modifying the impugned judgement held that the appellant was punishable under Section 338 of IPC instead of Section 308 of IPC. Alteration of conviction from S. 308 to one under S. 338 is permissible.
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