AIROnline 1996 SC 95 ::1998 SCC (Cri) 1508 ::1998 (8) SCC 493 ::2006 (4) Cur Cri R 286 ::2006 (4) ACC 582 ::2000 (1) TAC 408 ::1999 Cri App Rep (SC) 137 ::1999 ACJ 1378 ::(1999) 2 ACJ 1378 ::(2000) 1 TAC 408

Supreme Court Of India

Hon'ble Judge(s): A. S. Anand, S. B. Majmudar , JJ

Penal Code (45 of 1860) , S.337, S.338, S.304A— Motor Vehicles Act (59 of 1988) , S.168— Negligence of driver - Proof - Making his ipsa to quitor - Invocation of - Merely because truck is driven at "high speed" - Does not bespeak of either "negligence" or "rashness" by itself - Evidence to show that immediately before truck turned turtle there was big jerk - Whether jerk was because of uneven road or mechanical failure, not explained - Report submitted by motor vehicle inspector not forthcoming from record - Said Inspector not examined - Serious infermity and lacuna in prosecution case - No evidence on record to establish "negligence" or "rashness" in driving truck - Maxim res ipsa loquitur cannot be involved - Acquittal not liable to be interfered with. (Para 4 5)