Showing : 31-40 of 144 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102-- Accident - Rash and negligent driving - Eye witnesses not supported the prosecution case - Prosecution failed to prove that it was accused and accused alone who was driving the vehicle at the time of accident - Merely because accused was engaged as a driver of offending vehicle, ipso facto cannot..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102-- Accident - Rash and negligent driving - Onus to prove - Prosecution failed to prove that it was accused who was driving the offending vehicle at the time of accident - When defence of accused was that he was not driving the vehicle at the time when accident took place, in such situation, onus was..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out of consequences of first offence - Registration of second..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A, 279, 337-- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Conviction - Compromise - Death of a young boy - A serious offence - However, in view of compromise by aggrieved family with accused sentence reduced to period of imprisonment already undergone subject to payment of fine imposed of Rs.5,000/-...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Accused convicted only on the basis of application in which he pleaded guilty - However, same is not available on record and was not even put to accused u/s 313 Cr.P.C. - Conviction solely on the basis of said application cannot be sustained - Moreover, evidence on..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Reduction of sentence - Incident occurred long back in the year 1996 - Parties settled the matter - In view of conduct of accused in removing the injured to hospital soon after the incident, sentence of accused set aside - However, compensation of Rs.50,000/- as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 338, 304A-- Rash and negligent driving - Collusion between three wheeler and bus - Death of four passengers of three-wheeler - Three-wheeler being driven by complainant at the time of accident was proceeding in the wrong lane/road, giving no time at all to driver of bus to avoid hitting three-wheeler - Bus..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Accident - Rash and negligent driving - Eye witnesses to the incident unequivocally stated that deceased was hit by scooter being driven by accused in most rash and negligent manner at a high speed, which resulted into death of deceased - Version put by eye witnesses fully corroborated by medical..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b)-- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking into account the age of..........

Showing : 31-40 of 144 Results