Case – S.N. Hussain v. State of Andhra Pradesh, 1972
Fact
S.N. Hussain was a bus driver. An accident occurred at the time of crossing the railway gate near about 6:30 or 7:00 a.m. Gate was open, and he was driving at a slow speed, and due to the cold breeze, there was less visibility. A goods train hit the bus on the rear side with the result of that the bus was thrown off, causing serious injuries to the passengers.
There were about 43 passengers on the bus. Out of these, one died on the spot, three died later in the hospital, and about 21 other passengers received more or less severe injuries.
Issue
Whether S. N. Hussain was rash or negligent in crossing the railway track when a Goods train was about to pass the gate?
Contentions & Judgement:
- Meaning of Rashness- Rashness consists of hazarding a dangerous or wanton act with the knowledge that it is so and may cause injury. The criminality lies in such a case in running the risk of doing such an act with recklessness or indifference as to the consequences.
- Meaning of Criminal negligence -Criminal negligence on the other hand, is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to
guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted.
- That the gate of the level crossing which is a manned gate, was open, indicating thereby that no train was expected to come at the time and inviting vehicles to pass. The railway track was at a higher level, and the road was lined with babool trees and, therefore, a passing train coming from a distance was not visible from the bus.
- The bus was making a huge noise because it was not fitted with the silencer. As a cold breeze was blowing some of the window screens of the bus were lowered for the comfort of the passengers on the bus. There was less visibility.
- There is no evidence that the train while approaching the level crossing, gave any whistle or whistles. In any case, there is no evidence that any whistle was heard by any of the occupants of the bus.
