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Bombay High Court says, ‘Speeding not an offence, rash driving is’

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The Bombay High Court has upheld acquittal of a man whose car allegedly killed a cyclist and a bullock observing that driving a car speedily is not an offence; the act is punishable only if it is rash and negligent.

“Act of driving is punishable only when it is rash and negligent. Rashness implies speed which is unwarranted. Whereas the act of negligence involves not taking proper care and paying attention while driving,” observed Justice SM Modak early this month.

The HC was hearing appeal challenging acquittal of a Kuldeep Pawar
The HC was hearing an appeal filed by the State government challenging the acquittal of one Kuldeep Pawar.

According to the prosecution, on November 1, 2009, at 8.30am, Vasant Desai, owner of a bullock cart, and one Balaso Mane were cycling on a road near village Tasgaon. At the time, Pawar drove by in his Tata Sumo, at a speed, and allegedly dashed into the bullock and then into Mane. The police charged Pawar with culpable homicide not amounting to murder.

Pawar was acquitted on August 24, 2011. The state approached the HC challenging his acquittal. One of the passers-by testified that the car came speedily when it dashed against Mane and the bullock.

However, Justice Modak observed that the evidence has to be appreciated on the basis of other available materials.

Judge noted speed alone is not punishable
The judge noted that speed alone is not punishable unless the car is driven rashly and negligently.

The HC noted that the bullock cart owner and one of the eye witnesses gave completely opposite statements as far the directions of the bullock cart were concerned. That is, whether the art was heading south to north or vice-versa. The cart owner said he was going from north to south.

According to the spot panchanama, the bullock cart was lying on the southern side and facing the eastern flank. The panch witness, however, said that the bullock cart was found on the northern side of the road.

The HC noted that it could not conclude the directions in which the car, the bullock cart and the cyclist were going.

“With the assistance of both the sides (prosecution and accused), I am trying to understand the direction as per documentary evidence and the oral evidence. We have tried to understand it from various angles but we could not arrive at a particular conclusion,” noted justice Modak.

Advocate for Pawar said investigating officer is not an eye-witness
Aashish Satpute, advocate for Pawar, submitted that there were tea stalls at the accident spot; however, statements of none of these independent eye-witnesses were recorded by the police. The policeman, who was examined by the prosecution, is not an eye-witness to the incident and his evidence is only relevant to what he has seen after the incident, added Satpute.

The court felt that it was “really a strange state of affairs” — that, neither the Investigating Officer has prepared a map/rough sketch, nor “the trial court has taken pains in recording directions correctly in the evidence”.

“It is true that the consequences of the accident are the death of the bullock and the bicycle driver. For want of evidence, the trial court could not come to the conclusion about rash and negligent driving by the respondent. Even this court is unable to come to that conclusion for the above reasons,” said the HC while upholding Pawar’s acquittal.

Entertainment

‘Yeh Kaisa Insaan Hai’: Telangana CM Revanth Reddy Slams ‘Pushpa 2’ Star Allu Arjun For Stampede During Screening 

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Hyderabad: Despite police permission being denied, top Telugu actor Allu Arjun attended the theatre where ‘Pushpa-2’ was screened on December 4, Telangana Chief Minister A Revanth Reddy charged on Saturday.

Even after the death of a woman in a stampede, the actor did not leave the cinema hall, prompting the police to force him out, CM alleged.

Responding to the issue after AIMIM MLA Akbaruddin Owaisi raised it in the Assembly, Reddy, referring to videos in circulation, found fault with Allu Arjun for holding a roadshow and waving to the crowds in spite of the heavy crowd.

Reddy further said the theatre management gave a letter to the police on December 2 seeking security for the visit of top actors and others on December 4. However, the police rejected the application, citing difficulties in crowd management.

Before entering the theatre and exiting, the actor stood through the sunroof of his car and waved to the crowds leading to thousands of fans jostling to get a glimpse of him, he said.

He slammed film personalities for making a beeline for Allu Arjun’s residence to meet him after his arrest but not showing empathy to visit the boy who is undergoing treatment in hospital after suffering injuries in the incident.

“I appeal to the top film personalities that they should not be inhuman,” he said.

He also said there won’t be any special privileges when untoward incidents like death in a stampede happen and said the government would not spare those who troubled common people.

A 35-year-old woman died and her eight-year-old son was hospitalised on December 4 during a stampede-like situation at the Sandhya Theatre in Hyderabad when thousands of fans jostled to have a glimpse of the actor at the premiere of the blockbuster ‘Pushpa 2,’.

Following the incident, the city police registered a case against Allu Arjun, his security team, and the theatre management under different sections of Bharatiya Nyaya Sanhita (BNS) at the Chikkadpally police station based on the complaint lodged by the deceased woman’s family.

Allu Arjun was arrested by the city police in connection with the death of the woman on December 13. The Telangana High Court granted him a four-week interim bail on the same day and he was released from the prison here on December 14 morning.

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National News

Conscience itself will deliver justice: Shivakumar on obscene remark row

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Bengaluru, Dec 21: Karnataka Deputy Chief Minister D. K. Shivakumar said on Saturday that conscience itself will deliver justice in the derogatory remark case against BJP MLC C. T. Ravi.

The Deputy Chief Minister’s remark came close on the heels of the release of Ravi, who was arrested over alleged derogatory remark against Minister Laxmi Hebbalkar.

On Ravi’s allegations that police harassed him throughout the night, Shivakumar told reporters: “In this matter, you and the police are involved. Whether it’s at his house or his party, I am the cause of everything.”

“Let the BJP accept that disrespecting women and using abusive language is their culture. We will not object,” said Shivakumar.

“C.T. Ravi has not only spoken disrespectfully about Minister Lakshmi Hebbalkar but also about CM Siddaramaiah. In the Assembly, he used the term ‘Nitya Sumangali’ (a Kannada term used to demean a woman). BJP leaders must introspect whether Ravi’s remark was right or wrong,” he claimed.

“Chikkamagaluru (native place of Ravi) is known for its cultured people. Unfortunately, someone like him hails from there,” he added.

“If any leader from our party had spoken like this, I would have condemned it. However, BJP leaders are standing in defence of their leader,” he claimed.

State Home Minister G. Parameshwara said, “The matter is before the court. I won’t issue any statements as the matter is sub-judice. It is not appropriate to discuss the issue.”

“The police claim that they have initiated steps lawfully. The matter is before the court and they will decide what is right and what is wrong. I have been told that while obtaining information on various circumstances, the judgment has come without asking the version of police. Now, we can’t comment or criticise the decision,” Parameshwara stated.

When asked about the Legislative Council Chairperson Basavaraj Horatti stating that there are no records of Ravi making derogatory remark, Minister Parameshwara said that he does not know anything.

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BRS MLAs will resign if Congress proves 24-hour power claim: KTR

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Hyderabad, Dec 21: Bharat Rashtra Samithi (BRS) Working President K. T. Rama Rao on Saturday told the Telangana State Assembly that all BRS MLAs will resign if the Congress government proves that it is supplying 24-hour electricity to farmers or that it has waived loans of all farmers.

He alleged that the Congress government is making false claims that it is giving round-the-clock uninterrupted power.

Throwing the challenge during the debate on Rythu Bharosa, the BRS leader told Minister for Roads and Buildings Komatireddy Venkat Reddy that he was ready to come with him to Nalgonda district. “If you can show us even in one log book that 24-hour power is being supplied, all we MLAs will resign,” he said.

Similarly, KTR, as Rama Rao is popularly called, also offered to accompany the minister to any village in Kodangal or Sircilla constituency to check on farm loan waivers. “If you can show that loans of 100 per cent farmers were waived even one village, I will resign as MLA and take retirement from politics,” he said.

The BRS leader slammed the Congress government for not properly implementing the Rythu Bandhu scheme launched by the previous BRS government.

KTR said Congress promised enhanced investment support to farmers under Rythu Bharosa but failed to provide the assistance even under the existing scheme.

He claimed that the BRS started Rythu Bandhu to increase the area under cultivation. Citing the statement made by the government, he said the area under cultivation in the state increased from 1.41 crore acres in 2019-20 to 2.04 crore acres in 2020-21.

KTR mentioned that when the BRS came to power in 2014, Telangana had the second-highest number of farmer suicides in the country. He claimed that due to the measures taken by the BRS during the last 10 years, the farmer suicides came down from 11.1 per cent to 1.5 per cent.

The BRS leader alleged that the government was planning to impose cuts under the Rythu Bharosa scheme.

He demanded that the Assembly session be extended by 10 days for a comprehensive debate on electricity, irrigation, and Mission Bhagiratha.

The debate saw a sharp exchange of words and challenges and counter-challenges between BRS and Congress MLAs.

Minister Venkat Reddy threw a challenge at the BRS, saying if it could prove that every household was supplied drinking water under Mission Bhagiratha during its rule, he would not seek votes in the next elections.

He alleged that there was Rs 50,000 crore corruption under Mission Bhagiratha. To this, BRS MLA and former minister Harish Rao mentioned that the total cost of the scheme was only Rs 28,000 crore.

Earlier, Minister for Agriculture Tummala Nageswara Rao said the government has not yet formulated the guidelines. He said the guidelines will be framed after taking suggestions from the legislators.

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