Indian Penal Code, 1860
Section 308—Attempt to commit culpable homicide—Conviction—Allegation against appellant-conductor that without waiting for injured to board the bus, he rang the bell as a result of which first accused/driver started the bus—In the absence of intention and knowledge as contemplated by Section 299 of IPC, the offence of attempt to commit culpable homicide not amounting to murder was not made out—Appellant acted rashly and negligently as he did not perform his duty of being careful—Fact is that due to negligence on the part of appellant, human life was endangered—Grievous hurt was caused to injured as she suffered fracture of pelvis—Instead of Section 308 of IPC, the appellant is held guilty of an offence punishable under Section 338 of the IPC—Appeal allowed in part.
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