Gunta Kumar Babu vs State Of Ap Rep PpThe petitioner, Gunta Kumar Babu, a driver, was convicted by the trial court under Section 304A IPC for causing the death of Srikakolapu Appalakonda by allegedly driving a Tata Ace mini van rashly and negligently on 08.07.2012 at Gorinta Village, East Godavari District, and was sentenced to six months simple imprisonment. The conviction was confirmed by the VI Additional Sessions Judge, Kakinada, in appeal. In revision before the Andhra Pradesh High Court, the petitioner argued that the prosecution failed to prove the essential ingredients of Section 304A IPC, particularly the element of rash or negligent driving. The High Court found that the key eyewitness (PW2) did not support the prosecution's case, and the evidence of PWs 1 and 3 only established that the van was moving at speed and dashed the deceased, without clearly establishing rashness or negligence on the part of the accused. The court noted that the prosecution failed to adduce sufficient evidence describing the surrounding circumstances of the scene of the offence to establish rash or negligent driving.