AHAMMED N P Vs. ABDUL LATHEEF

JUDGEMENT

(1.) A charge sheet was laid against first Respondent herein for offences under Section 279 and 304 of I.P.C., on the allegation that he drove a vehicle in a rash and negligent manner and as a result of such driving, Petitioner's son sustained injuries and died. First Respondent was tried before Additional Sessions Court and he was convicted and sentenced as follows:

(2.) Petitioner, who is the father of the victim filed this petition, seeking special leave under Section 378(4) of the Code. Section 378 of the Code (excluding the portion which is not relevant for disposal of this petition) reads as follows:

(3.) A plain reading of Section 378 of the Code and its title reveal that Section 378 relate to appeal against order of acquittal. As per Section 378(4) of the Code, special leave can be granted by the High Court, for filing an appeal against an order of acquittal. But, what is sought to be challenged by Petitioner is an order by which, first Respondent-accused was convicted for offences under Sections 279 and 304 of Indian Penal Code. It is not an order of acquittal. Therefore, Section 378 does not apply and no leave can be granted by this Court under Section 378(4) of the Code.