AIR 1988 SUPREME COURT 1729 ::1988 (17) IJR (SC) 383 ::1988 APLJ(Cri) 236 ::(1988) 2 ACC 462 ::(1988) AllCriC 359 ::1988 (4) SCC 36 ::1988 (2) RecCriR 401 ::1988 (2) APLJ 26 ::1988 BLJR 602 ::1988 (2) Crimes 950 ::1988 (3) JT 342

Supreme Court Of India

(From : (1988) 1 Crimes 383 (Gauhati))

Hon'ble Judge(s): Sabyasachi Mukharji, S. Ranganathan , JJ

Criminal P.C. (2 of 1974) , S.468, S.473— Rash and negligent driving - Offence of - Delay of 9 1/2 years for taking cognizance - Trial vitiated - It cannot be saved by invoking Cl.32 of Assam Frontier. Administration of Justice Regulation (1945).(1988) 1 Crimes 383 (Gau) Reversed. Constitution of India , Art.21— Assam Frontier (Administration of Justice) Regulation (1945) , Regn.32— Penal Code (45 of 1860) , S.279, S.304A, S.338— Where in respect of the offence of rash and negligent driving and causing death to one and injury to some persons in the vehicle, a cognizance of offences under Ss. 279, 304A and 338 IPC was taken after a lapse of about 91/2 years, the trial would be vitiated. The offence under S.279, Penal Code is punishable with imprisonment for a term not exceeding 6 months, or with fine, or with both. Offence under S. 304A is punishable with imprisonment for a term not exceeding 2 years, or with fine, or with both. Offence under S.338 is punishable with imprisonment for a term not exceeding 2 years or with fine or with both. In the aforesaid view of the matter, the period of limitation for taking cognizance of the said offences would be three years in view of S. 468 Criminal P.C.(Para 3 9) The offence is of rash and negligent driving. It is, as such, neither a grave and heinous o....