Driver can't be punished for death of petitioner's pet dog as there is no enmity, says K'taka HC
Bengaluru, Oct 29: The Karnataka High Court has quashed a case pending in a lower court against a car driver who was charged under various sections of the Indian Penal Code (IPC) and Motor Vehicles Act for causing an accident that led to the death of a petitioner's pet dog.
Prathap Kumar G was driving his sports utility vehicle (SUV) in Vijayanagar, Bengaluru, on February 24, 2018 when his car hit a pet dog named Memphi. Dhiraj Rakheja, whose mother was taking the dog for a walk, filed a complaint.
The Vijayanagar police investigating officer conducted the investigation and filed a charge sheet against the petitioner for offences under Section 134(A & B) and 187 of the Motor Vehicles Act, and Sections 279, 428, and 429 of IPC. The case was pending before the Metropolitan Magistrate Traffic Court-II, Bengaluru.
Quashing the case pending before the lower court, Justice Suraj Govindraj in his October 21 judgement said, "Having come to a conclusion that there is no offence made out under Section 134 (a) and (b) of M.V Act, Section 187 of M.V Act, Section 279 of IPC as also under Section 428 and 429 of IPC, I am of the considered opinion that the continuation of the criminal proceedings would only be an abuse of process of court and would cause injustice to the petitioner to suffer the ignominy of a criminal trial."
On the question of whether an offence under Section 134 (A & B) of the Motor Vehicles Act, 1988 would get attracted in the event of an accident involving a pet animal, the High Court said, "I am of the considered opinion that the said provision relates only to injury to a person, a dog or animal not being a person would not come within the ambit of Section 134 (a) and (b) of M.V Act. This section deals with 'Duty of driver in case of accident and injury to a person'."
The charge under Section 187 (punishment for offences relating to accident) was also rejected for the same reason.
Rejecting the claim under Section 279 (rash driving or riding on a public way), the High Court said: "In the present circumstances, the penal provision of Section 279 of IPC if read and understood in its literal sense which is the interpretation required to be given to all penal provisions, endangering a pet or causing hurt or injury to a pet/animal would not be one, which is punishable under Section 279 of IPC."
The court said that the only offence if at all is attributed would likely be under Section 428 (mischief) or Section 429 (mischief by killing an animal whose value is above Rs 50) of the IPC.
"It is required that there must be mens rea or animus for the accused to have committed such an offence. Admittedly, the petitioner is not known to the complainant and/or his family members nor that the petitioner has any enmity with the deceased pet dog Memphi. Hence, there cannot be any animus said to be existence in the petitioner to cause the death of the said pet Memphi," the High Court stated.
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If something happens to Dallewal, Centre may not be able to handle situation, say farmer leaders
Chandigarh, Jan 7: Punjab farmer leaders on Tuesday said if something untoward happens to Jagjit Singh Dallewal, who is sitting on a fast-unto-death, then the Centre may not be able to handle the situation which could arise thereafter.
Farmer leader Abhimanyu Kohar stressed that the Centre should resolve the farmers' issues in a serious manner.
According to farmers, Dallewal's health is "deteriorating" each passing day and "anything can happen to him".
Dallewal, 70, who is the convener of the Samyukta Kisan Morcha (Non-Political), has been on the indefinite hunger strike at the Khanauri border point between Punjab and Haryana since November 26 over farmers' various demands including a legal guarantee of the minimum support price for crops.
Dallewal, whose fast-unto-death entered 43rd day on Tuesday, has so far refused to take any medical aid.
Addressing the media, Dr Avtar Singh, who is part of a team from NGO '5 Rivers Heart Association' said Dallewal's health condition worsened on Monday evening.
His blood pressure dropped and he vomited while lying on the bed, said the doctor.
His condition is deteriorating every day and anything can happen to him, he said.
Meanwhile, a team of government doctors also examined Dallewal at the Khanauri border.
Farmers said Dallewal's condition remained critical on Tuesday and that he was not able to talk to anyone.
Farmer leader Kohar said, "God forbid if anything untoward happens to Dallewal ji, then perhaps the situation may not remain under control of the Central government."
The Centre should make efforts so that the situation does not reach that level, he said.
"If anything happens to Dallewal, then there will be a 'blot' on the tenure of the present government at the Centre which may never be cleaned," said Kohar.
Lashing out at the Union government, he said it never happened even during the British rule that when a person is sitting on fast-unto-death and the government is not paying any attention to him.
Speaking about the next programmes, Kohar said effigies of the BJP government will be burnt on January 10 throughout the country against the Centre's attitude towards the demands of farmers.
"Dallewal is fighting to save the future of the country's farmers," he said.
The draft policy on 'National Policy Framework on Agricultural Marketing' will be burnt on January 13, he said.
On January 26, tractors of farmers will be on the roads across the country, he further said.
Farmers, under the banner of SKM (Non-Political) and Kisan Mazdoor Morcha, have been camping at the Shambhu and Khanauri border points since February 13, after their march to Delhi was stopped by security forces.
On Monday, a Supreme Court-appointed panel met Dallewal and urged him to take medical aid. He has so far refused to take medical assistance, offered by the Punjab government following the apex court's directions.
