RUSTOM SHERIOR IRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by certificate of fitness granted by the Bombay High Court under Article 134 (1) (c) of the Constitution is directed against its judgment dated december 18, 1964, affirming the conviction of the appellant under section 304-A of the Indian Penal Code, and enhancing the sentences. The Sessions Judge had sentenced the appellant to rigorous imprisonment for 18 months and to pay a fine of Rs. 3,000. 00 or in default to undergo further rigorous imprisonment for six months, under section 304-A, Indian penal Code. The High Court enhanced the sentence of two years rigorous imprisonment and enhanced the fine to Rs. 3,000. 00. The appellant was also convicted under sections 338 and 337, Indian Penal code. The sentences under these sections were also enhanced by the High Court but as the substantive sentences were made to run concurrently, it is not necessary to mention them.

(2.) The principal question which arises in this appeal is whether on the facts found by the High Court the conviction of the appellant under section 304-A, Indian penal Code is right. This will involve consideration of the meaning to be ascribed to the words "negligent" and "rash" in section 304-A, Indian Penal Code.

(3.) The facts in brief are as follows : on Sleater Road, Bombay, there is a building known as "patel Building" which consists of four blocks designated as 'a','b', 'c' and 'd' blocks. On the ground floor of part of 'b' block and the whole of 'c' block there are a Restaurant and a Bakery, which are run in the name of "english bakery and Restaurant". There are residential premises on the first floor and the second floor of the building which are let out to tenants. On the eastern side and the western side of the middle blocks 'b' and 'c' there are gutter passages or gullies. At the back of the restaurant and the bakery there is a bhatti consisting of two ovens for baking bread, cakes etc. , and for the passage of smoke and gases from the bhatti there is a duct which is joined to the chimney which is erected outside alongside the eastern wall of the 'c' block in the gutter passage between block 'c' and 'd'. This English Bakery and Restaurant was a partnership concern consisting of original accused No. 1, Behram Rustom Irani, and the appellant.