Indian Penal Code, 1860
Sections 279 & 304A—Essential ingredients—In order to prove the case of prosecution, the essential ingredients of Sections 279 and 304A of the IPC had to be proved—Section 279 of the IPC requires only two essentials viz. (a) driving of vehicle and; (b) such driving must be so rash or negligent so as to endanger the human life or to be likely to cause hurt or injury to any other person—For Section 279 of the IPC to apply, the rashness or negligence must be criminal rashness or negligence—Both ingredients must be satisfied—For Section 304A of the IPC, a direct nexus between the death of the person and the rash or negligent act has to be established—Presence of either rash actions or negligent actions are sufficient to attract the section and its punishment—Burden lies on the prosecution to prove on the basis of the material available on the record and to establish the negligence or rash driving.
[Para 8]
Sections 279 & 304A—Causing death by rash and negligent driving—Appeal against acquittal—Prosecution has failed to establish that accused was driving the offending vehicle on the date of incident—Testimony of prosecution witnesses do not inspire confidence—Foundational facts in issue have not been proved by the prosecution—Prosecution has not been able to successfully prove the charge beyond reasonable doubt—Acquittal upheld.
[Paras 9, 10 to 13 & 16]