S N Hussain V State of Andra Pradesh- Case Summary

Facts:-

The appellant who was a ‘bus driver’, when the bus reached the level of crossing the gate was open and it was duty of the gateman to close the gate when a train is expected to pass by.
As the appellant passed through the gate and crossed the meter gauge truck when suddenly a goods train clashed against athe bus on dear side leaving 21 people injured and one died on spot and other 3 died later in the hospital.

Issue:-

Whether the accused was  rash or negligent to uphold his conviction under section 304A IPC?

Ratio & Decision:

Rushness consists in regarding a dangerous or wanton act with knowledge that is so that it may cause injury. The criminality lies in such a case of running the risk of doing such act with recklessness or indifference to the consequence.
Criminal negligence is the cross and culpable neglect or future to exercise that reasonable and proper care and precaution to guard against injury either to public generally or to an in divided in particular, which having required to all the circumstance out of which the charge he arisen, it was imperative duty of the accused to have adopted.
This was a clear case of unavoidable accident because of negligence of gateman in keeping the gate open and letting the vehicle to pass. Where the gate is open there is no scheduled term to pass at that time.

Reference:-https://indiankanoon.org/doc/1881874/