8. To attract the criminal culpability under Section 304-A IPC, one of the conditions is to prove that the death of the deceased has been caused due to rash and negligent act on the part of the accused. In the present case, PW-3 is the only eye-witness to the occurrence who has deposed during cross-examination that at the relevant time, the bus was at a slow speed. He has further deposed that he did not know as to whether the deceased fell from the bus due to speed or was pushed by any person. None of the passengers has been examined by the prosecution to corroborate the fact that at the relevant time, the bus was being driven by the petitioner in a very rash and negligent manner. Though it is recorded in the fardbeyan of PW-3, that the petitioner was driving the vehicle in a rash and negligent manner, however, neither during the examination-in-chief nor during the cross-examination, he could prove the said fact, rather he made a contradictory statement by saying that the bus was being driven by the petitioner in a slow speed.
