Causing Death by Negligent Driving

Section 304A IPC 

Causing death by negligent driving 

Passengers proved the fact of high speed driving. 

Defence of mechanical fault of steering wheel is supported by Investigating Officer, but MVI report not proved, thus not relied.  

Defence about poor quality of road was not relied because of the fact that high speed driving was proved.  

Conviction and sentence upheld. 

Revision petition by the accused is dismissed.

Habib Ali vs State of Assam 

CRL-R 542/04 20/07/12 

[  I A Ansari JJ ]

[ GAUHATI HIGH COURT ]