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Passenger Can be Prosecuted For Motor Accident Caused by Drunken Driver: Madras HC

By Shivendra Mishra
Court Convicts Man Who drove on with Traffic Constable on the Bonnet of his Car A Delhi court has convicted a man for negligent and rash driving while talking on the phone and for dragging the traffic constable on the bonnet of his car after being asked to stop. Principal District and Sessions Judge Dharmesh Sharma stated that he has no hesitation in finding Pushp Agrawal guilty of driving in a negligent manner, and for hurting and obstructing a public servant from doing his duties. However, the court opined that even though the convict’s crime is unconscionable, he can't be held guilty of culpable homicide as he did not intend to seriously injure the constable. The court bench also noted that the constable suffered no fracture and was admitted for pain in left knee and ankle, Before the court, the accused stated that he did not stop the car as he thought he would be beaten up. He later said that he also had cash on him and was scared of getting robbed. However, the court rejected this contention and found the accused guilty. Before the Court, the constable had testified that the convict was driving rashly while talking on the phone. When the traffic constable asked the man to stop he drove on and the constable had to cling on to the bonnet of the car. After driving for a few kilometers, the convict stopped the car and fled the spot.
The Madras High Court ruled that a co-passenger who is involved in a motor accident caused by a drunk driver can be prosecuted for culpable homicide not amounting to murder and instigation u.s 304(ii) IPC. The prosecution’s case against the petitioner is that she along with two others was traveling in a car late when

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Shivendra Mishra
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