Fact: X started from Delhi on his car to go to Gurgaon, at about 11.00 p.m He was driving at a reasonable speed and quite carefully. But unfortunately, on the way he knocked down two coolies who were lying and sleeping on the road itself. X is prosecuted for causing death of the two coolies by rash and negligent driving under Section 304 A, IPC. Can X be convicted? Discuss. Issue: What offence, if any, has been committed?

Section 304A IPC requires rash or negligent driving. The facts state X was driving at reasonable speed and carefully. The coolies were sleeping on the road itself, which is unusual. When a person drives carefully and at reasonable speed, and the victims are sleeping on the road (where they should not be), this does not constitute rash or negligent driving. The driver cannot be expected to anticipate people sleeping on the road at night.