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SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304A, 337, 357A-- Death by negligence - Electrocution - High Court reduced the sentence to 10 days without awarding any compensation - Order of High can be upheld only with modification that accused will pay compensation of Rs.2 lakhs to heirs of deceased within six month - In default, he will undergo RI for six..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 279, 337-- Rash and negligent driving - Quantum of sentence - Accused caused death of a person by driving jeep in a rash and negligent manner and also injured another person - Trial Court convicted accused u/ss 304-A, 279 & 337 IPC & sentenced to undergone 6 months and 2 years R.I respectively with fine of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Reduction of sentence - Petitioner not convicted or involved in any other case previously or after the present incident - Petitioner remained in jail for 22 days - Sentence awarded to petitioner reduced to period already undergone subject to deposit of enhanced fine of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A, 338-- Rash and negligent driving - Non-examination of I.O - All PWs proved the factum of death of deceased due to rash and negligent driving of accused - Involvement of accused in committing the crime is clearly establishes - Non-examination of I.O not caused any prejudice to accused and is not fatal to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Investigating Officer of case not examined - Site plan of place of occurrence and other important documents remained unproved - No other witness examined by prosecution except one PW2 who was sitting behind the driver's seat with his face backwards and that being so,..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Death due to negligence - Incident occurred due to burst of gas cylinder - Accused filled 6 kg and 200 gms of LPG in petromax gas cylinder, having capacity of 4 kg - Victim when ignited the cylinder in his dhaba, it burst, causing burn injuries to several persons including death of victim -..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Death due to negligence - Reduction of sentence - Benefit of probation not granted - However, sentence reduced from 2 years R.I to 1 year R.I but fine of Rs.5000/- shall remain same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Conduct of accused - Accused driver of bus took the victims in his own bus to hospital - He did not try to run away from the spot - This immediate conduct of petitioner is a relevant fact - That rules out his guilty mind - Accused acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is..........

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