Rash & negligent drivecase-accident occured due to suuden puncture of tyre of bike

nishant (Querist) 16 October 2013 This query is : Resolved
Hi experts,
facts of case of Section 279 304A IPC-
My client was driving two wheeler at night. while driving suddenly Tyre punctured. pillon rider & my client felt down. my client took pillon rider to hospital.pillon rider had got serious head injury & then died after 7 days. my client was slightly injured & survived. My client has lodged fir.In fir he stated that it was mere accident without rashness & negligence. eyewitness also supporting my client through there statement. But police submitted charge sheet in court for sections 279,304a ipc.charge is also framed. my client is inocent

so please give me some case laws on this point?

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Devajyoti Barman (Expert) 16 October 2013
Dear Nishant, you may notice no citation is provided here.

P. Venu (Expert) 17 October 2013
Facts are more important than citation. Prove that it was not case of rash and negligent driving, but the accident occurred due to tyre bursting.