The liability under Section 304A, Indian Penal Code, requires a direct causal link between the rash or negligent act of the accused and the death of the victim. The death must be the direct or proximate result of the rash and negligent act.

1. - In this petition under Section 482. Criminal Procedure Code, the petitioner has prayed to quash the charge/substance of accusation under Section 304A, Indian Penal Code read over to the petitioner vide order dated 10-8-1989 and to quash the criminal proceeding in Criminal Case No. 652/88 pending in the Court of Judicial Magistrate No. 5, Jaipur City, Jaipur.

2. In brief the facts of the case are that one Ramesh Chandra Saini filed a report at Police Station, Bajai Nagar, Jaipur. On this report Crime No. 233/88 was registered. It was alleged in the report that the, showroom of the petitioner which was under construction in the Lalkothi Shopping Centre, collapsed and its southern portion had sunk in the basement. One Bhagwan Sahai Driver of tractor No. HRG 1363 was hurried under the debris and consequently died. The allegation was that basement was wrongly dug which resulted the collapse of the wall of the showroom. The police after registration of the case investigated the matter and ultimately submitted a charge-sheet under Section 304A, Indian Penal Code.

3. The main contention of the learned counsel for the petitioner is that the collapse of the wall of the showroom was as a result of pure accident and in any case the petitioner cannot be held guilty for negligence. The basement was being dug under the technical advice of the architect and the contractor was doing it, Learned counsel further argued that the parties have also compromised the matter out of court and the legal heirs of the deceased have been adequately compensated.

4. Learned counsel for the complainant does not oppose the prayer of the petitioner in allowing this petition. I perused the record of the trial Court. The statements of the witnesses recorded under Section 161, Criminal Procedure Code were also perused minutely. From the statements of the witnesses it appear that near the showroom of the accused - petitioner one basement was being dug. Tractor No. HRG 1363 was being driven by the deceased Bhagwan Sahai who was working as a driver on it. This tractor belonged to one Ramesh Chand, and it was engaged to lift the sand which was brought out from the basement on digging. The driver of the tractor, namely, Bhagwan Sahai had engaged 2-3 labourers for loading and unloading the sand in the tractor. The basement was being dug by other five or six labourers. It also appears that the owner of the tractor, namely, Ramesh Chand had alarmed the driver Bhagwan Sahai to he away from the basement as there was danger of collapsing of the wall of the showroom. At about 1.00 p.m. in the noon. when the labourers had come out from the basement to take their meals and were sitting under a tree at a distance, driver Bhagwan Salmi had parked the tractor on the western gate of the showroom which the labourers working on the tractor and the owner of the tractor Ramesh Chard were standing. there was a noise. Bhagwan Sahai was sitting at that time on a chair near the gate of the showroom. It was seen that the wall of the showroom collapsed from southern side and the driver Bhagwan Sahai was hurried under the debris. All the witnesses, who were present have given the same story about the incident. Thus, if the prosecution case is taken on the face value, the following facts are disclosed

(i) Near the showroom of the petitioner a basement was under construction and its foundation was being dug;

(ii) The deceased Bhagwan Sahai was the driver on the tractor which was employed for lifting the sand with the help of the two-three labourers who were engaged by the owner of the tractor;

(iii) At 1 p.m. in the noon the southern wall of the showroom collapsed all of sudden which fell on the driver as a result of which he died.
The question arises whether on these facts the petitioner can be held guilty for the offence under Section 304A, Indian Penal Code In other words, whether it can be said that the death of Bhagwan Sahai driver was direct result of the rash or negligent act of th