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Question
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Principle: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, has committed an offense, which shall be punished in accordance with the law.
Facts: 'X', a truck driver, driving his vehicle rashly and negligently at a high speed climbed the footpath and hit 'Y' a pedestrian, from behind causing his death.
Options
'X' is not guilty of rash and negligent driving.
'Y' should have taken sufficient care on the footpath.
'X' is guilty of rash and negligent driving.
'X' is only in part guilty of rash and negligent driving.
Solution
'X' is guilty of rash and negligent driving.
Explanation:
Section 279 of the Indian Penal Code, deals with the provisions of Rash driving or riding on a public way.
In this case, X is guilty of rash and negligent driving, because he is driving at a high speed due to which he climbed the footpath and hit Y a pedestrian from behind causing his death.
