Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High Court

The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit. Referring to various precedents, the Court stated thus, “Where rash or negligent act is preceded with the knowledge that it is likely to cause death, the offence punishable under Section 304 Part II IPC would be attracted. However, where the rash or negligent act is preceded with the knowledge that such act is likely to cause death, Section 304 Part II IPC may be attracted and if such a rash and negligent act is preceded by real intention on the part of the wrongdoer to cause death, offence may be punishable under Section 302 IPC.” The Court was thus considering whether the accused drove with the knowledge that his act was likely to cause death to attract the punishment under Section 304 Part II IPC for culpable homicide not amounting to murder. It said, “The accused drove the vehicle through the wrong side of the road with the full knowledge that by his act, death could be caused.” As such, the Court upheld his conviction under Section 304 Part II of the IPC.