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KULDEEP MATHUR
Yogendra Singh Negi – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The case of the prosecution is that at about 10-11 a.m., on the morning of 05.01.2023, the appellant who is a doctor working in a Government hospital, in an inebriated state, while driving his car bearing No.RJ-07-CD-5020 caused an accident at the hospital, where he was working, wherein the car rammed into the general public/patients standing there resulting in on the spot death of one Bhanwar Lal and miscarriage of a pregnant woman namely Smt. Nazia Bano.
2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that alleged offence under Section 304 IPC is not made out against the appellant and at most, it is a case of Section 304-A IPC. Learned counsel submitted that the alleged incident took place when the appellant was driving the offending car, who on entering the hospital suddenly lost control while the car was going through a speed breaker. It was submitted that due to rush and congestion near the hospital gate, unfortunately, the car had plowed into the persons standing there.
3. Lastly, learned counsel submitted that the appellant who is serving as a doctor in a Government hospital is
Driving under the influence resulting in death can be classified as culpable homicide if the driver is aware of the risks involved.
Section 107 IPC deals with offence of abetment.
Driving under the influence of alcohol and on the wrong side of the road constitutes culpable homicide not amounting to murder, justifying conviction under IPC Section 304 Part II.
The court confirmed the conviction based on the available evidence and the appellant's circumstances.
The judgment established the need to prove criminal rashness and negligence, emphasizing the distinction between negligence and rashness, and the requirement to link the accused's alleged drunken sta....
Negligence by other vehicle's driver outweighs deceased's alcohol influence; liability remains even if deceased consumed alcohol, emphasizing duty of care under Motor Vehicles Act.
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
(1) To be under influence of alcohol must be understood as, a question going to facts and a matter to be decided with reference to impact of consumption of alcohol on particular driver.(2) Presence o....
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