AIR 1960 BOMBAY 269 ::61 Bom LR 1674 ::ILR (1960) Bom 75

Bombay High Court

Hon'ble Judge(s): Shah, Naik , JJ

Penal Code (45 of 1860) , S.279, S.336, S.337— Nature of offences u/S.336 and S.337 and S.279 - Composition of offence u/S.337 does not involve acquittal of accused u/S.279 - Setting aside of Acquittal. Criminal Appln. No. 672 of 1951, Dated 1-10-1951 (Bom.), Overruled. Criminal P.C. (5 of 1898) , S.345— By section 336 I. P. C. an act, endangering life or personal safety of others, which is done rashly or negligently is penalised, and evidently the offence punishable under S. 337 I. P. C. is an aggravated form of the offence defined by S. 336 I. P. C. The offences under Ss. 279 and 837, I. P. C. are, however, offences of different nature and the conduct referred to therein is penalised with different objects. An act, which is rash, or negligent or is likely to endanger human life, may be the result of driving any vehicle or riding on a public way. The offence under section 279 I. P. C. is non-compoundable; and the compounding of the offence under S. 337 I. P. C. will not prevent the prosecution from being continued under S. 279 I. P. C. The composition of the offence under S. 337 I. P. C., sanctioned by the Magistrate therefore does not result in the acquittal of the accused for the offence under S. 279 I. P. C. An offence under S. 279 I. P. C. is an offence against public safety and the fact that one of the component ingredients of the offenc....