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february 1976

Supreme Court of India · 1976-02-03

STATE OF GUJARAT A vs HAIDARALI KALUBHAI

Citation / case number
SC 1971/60167
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT A
Respondent
HAIDARALI KALUBHAI
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that Section 304A IPC applies where death is caused by a rash or negligent act that does not amount to culpable homicide under Sections 299 or 300 IPC. The Court clarified that the intent to kill or knowledge that an act is likely to cause death are essential for culpable homicide, which were absent in this case. The Court upheld the High Court's conviction under Section 304A IPC, finding that the accused's loss of control over the speeding vehicle was the proximate cause of the fatal injury, not a deliberate act to kill.

STATE OF GUJARAT A vs HAIDARALI KALUBHAI · Niyam