Mukerji, J.

[1] This is an application in revision by Chamman Lal, who was the driver of a motor truck, (against his conviction?) under Section 304A, Penal Code. He was convicted by a Magistrate of the 1st class under that section and sentenced to one year's rigorous imprisonment. He preferred an appeal to the Sessions Judge who agreed with the Magistrate and maintained the conviction and the sentence of the applicant.

[2] The facts giving rise to this conviction, briefly stated, were these:

On February 1, 1951, at about 10 O'clock in the forenoon, the applicant was driving a truck bearing registration No. UPR 3185 and to this truck of his was hitched on another disabled truck. The applicant's truck was towing the other truck by means of a small tow-rope. There was another driver on the driving wheel of the truck that was being towed. There was a collision while these trucks were moving along a certain highway and as a result of that collision one Datadin sustained such severe injuries that he died. It may be mentioned that Datadin was one of the men who were taking a Thela which was heavily laden with bags of cement. The case for the prosecution was that the accident was occasioned because of the rash and negligent driving of the applicant. The allegation also was that the applicant was driving fast and after having met with the accident the applicant did not stop his vehicle but attempted to run away. The truck was, however, stopped at some distance because the people of the locality obstructed the passage of the truck.

[3] The defence of the applicant was that he had not been either rash or negligent and further that the accident had been occasioned because of the negligence of the deceased and his companions who were taking the cement laden Thela. The applicant further alleged that the actual impact as a result of which Datadin sustained his injuries and lost his life was received not from the truck that the applicant was driving but from the truck that was on tow.

[4] The lower appellate Court has assumed for the purpose of this case that the actual impact which occasioned the death of Datadin came from the truck that was on tow, but the Court below was of the opinion that even though this was so, the liability of the applicant was in no way minimized thereby. The lower appellate Court held this view because of the fact that in its opinion the speed and maneuverability of the truck on tow depended upon the speed and the line of drive taken by the leading truck which was under the control of the applicant. The Courts below, on the evidence produced in the case, came to the conclusion that the applicant was negligent and that the accident was occasioned because of such negligence. The lower appellate Court has not recorded any categorical finding as to whether or not the applicant was guilty of any rashness.

[5] Section 304A, Penal Code is in these words:

"Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine; or with both."

[6] It must be pointed out that rashness and negligence are not the same things. Mere negligence cannot be construed to mean rashness. There are degrees of negligence and rashness and in order to amount to criminal rashness or criminal negligence one must find that the rashness has been of such a degree as to amount to taking hazard knowing that the hazard was of such a degree that injury was most likely to be occasioned thereby. The criminality lies in running the risk or doing such an act with recklessness and indifference to the consequences. Criminal negligence is gross and culpable neglect, that is to say, a failure to exercise that care and failure to take that precaution which, having regard to the circumstances, it was the imperative duty of the individual to take. Culpable rashness is acting with consciousness that mischievous