Indian Penal Code, 1860
Sections 279/304A—Causing death by rash and negligent driving—Petition to quash FIR—Allegation of offending vehicle being driven in a high speed/fast manner does not ipso facto establish commission of a rash and negligent act for the purpose of Sections 279/304A of IPC—For the offence punishable under Sections 279/304A IPC, the commission of a ‘rash and negligent act’ is a necessary ingredients—None of witnesses has stated that the Car was driven in a rash, hazardous or reckless manner knowing that the result of such driving was most likely to cause injury to any person—Not only the circumstances surrounding the recording of statement of alleged eye-witness are shrouded in suspicion but also his statement does not inspire confidence—Necessary ingredients of offences charged are not made out and conviction of the petitioner is unlikely—FIR in question along-with consequent proceedings arising therefrom are quashed qua petitioner—Petition allowed.
[Paras 22, 25 & 26]