The accused driver of a truck while driving on the left side i.e., his side of the road, sees a cyclist coming from the opposite direction, but on the wrong side of the road i.e. in the lane on which the truck was being driven; the road being narrow and the truck driver sensing that the cyclist was peddling negligently, maneuvers his truck on the opposite lane and simultaneously the cyclist suddenly moves to his lane and as a result the truck over-runs the cyclist, causing the death of cyclist. The truck driver is not guilty of the offence of causing death by rash and negligent act because:

Solution(By Examveda Team)

To establish the offense of causing death by a rash and negligent act, it is necessary to prove that the accused had a rash or negligent act and that act resulted in the death of a person. However, in this scenario, the truck driver, upon seeing the cyclist coming from the wrong side of the road, took evasive action by maneuvering his truck onto the opposite lane to avoid a collision. It was the sudden movement of the cyclist into the truck driver's lane that caused the accident and subsequent death of the cyclist.

The truck driver's actions in trying to avoid the risk demonstrate that he acted with caution and attempted to prevent the accident. In this case, the truck driver's conduct does not fulfill the criteria of a rash or negligent act, as he took reasonable steps to avoid the collision.

Therefore, the correct answer is:
C. The truck driver, upon seeing the risk, tried to avoid the risk