Gujarat High Court Upholds Framing of Charges Against Tathya Pragneshbhai Patel for Rash and Negligent Driving Leading to Fatalities

Discharge Application Partially Allowed for Co-Accused; Trial Court's Decision on Recklessness and Knowledge of Consequences Affirmed

In a significant judgment, the Gujarat High Court has upheld the framing of charges against Tathya Pragneshbhai Patel for rash and negligent driving, which resulted in the deaths of nine individuals and injuries to twelve others. The court dismissed the discharge application for the primary accused, Patel, reinforcing the charges under Sections 304 and 308 of the Indian Penal Code (IPC), which pertain to culpable homicide not amounting to murder and attempt to commit culpable homicide, respectively.

The incident in question occurred on July 20, 2023, when Patel, driving a Jaguar at excessive speeds over 130 km/h, crashed into a crowd gathered at the site of an earlier accident on the Iskcon Bridge in Ahmedabad. Despite warnings from co-passengers to reduce speed, Patel continued to drive recklessly, leading to the tragic outcome.

The High Court, presided over by Justice P.M. Raval, reviewed the evidence, including statements from co-passengers and speed data from the car manufacturer, Jaguar India Limited. The evidence suggested that Patel had knowledge of the potential for fatal consequences due to his high-speed driving, affirming the applicability of charges under IPC Sections 304 and 308. The court emphasized that the case went beyond mere rash and negligent driving, as Patel's actions demonstrated a disregard for the likely outcomes of his conduct.

In contrast, the court partially allowed the discharge application for Pragnesh Harshadbhai Patel, the father of the accused, who was initially charged with aiding his son post-accident. The court found that the role attributed to the father was limited to post-incident conduct, such as quarrelling with bystanders and facilitating his son's escape, and did not directly relate to the accident itself. Consequently, the charges under Sections 304 and 308 IPC, and related provisions of the Motor Vehicles Act, were deemed inapplicable to him.

The judgment underscores the judiciary's stance on severe consequences for reckless driving and the importance of evaluating the knowledge and intent behind such actions. The decision allows the trial against Tathya Pragneshbhai Patel to proceed, while providing a path for the father to seek a separate trial based on the partial discharge.

Bottom Line:

Framing of charges under Sections 304 and 308 IPC for rash and negligent driving causing death and injuries upheld - Discharge application rejected for accused No. 1, but partly allowed for accused No. 2, as no prima facie case under Sections 304 and 308 IPC was made against him.

Statutory provision(s): 

• Indian Penal Code, 1860 Sections 304, 308, 279, 337, 338, 504, 506, 114, 118; 
• Motor Vehicles Act, 1988 Sections 177, 184, 134(b); 
• Criminal Procedure Code, 1973 Sections 227, 397, 401, 482

Tathya Pragneshbhai Patel v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2817569