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ORISSA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A-- Quashing of criminal proceedings - Death by negligence - Doctor, a Government officer, alleged to have caused death of deceased during delivery of child due to his gross negligence - After completion of investigation, Investigating Officer submitted final report as mistake of fact, as no..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Death by negligence - Doctor, a Government officer, alleged to have caused death of deceased during delivery of child due to his gross negligence - Alleged offence committed while performing official duty - Held, previous sanction of State Government required for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A-- Death due to negligence - Quashing of FIR - While installing hand pump clip of hand pump touched with live wire which was passing over house of petitioner - Due to this reason `B' got electrocuted and died at spot - Held, petitioner cannot be held liable qua commission of offence punishable..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 468, 473, Indian Penal Code, 1860, Section 304A, 337, 338-- Offence u/ss 337, 338, 304-A IPC - Charge sheet filed after 16 and half years - Order taking cognizance quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Death due to rash and negligent driving - Case of prosecution that appellant and his other co-accused caused injuries culminating into death of deceased - It is nobody's case that deceased died due to rash and negligent driving of appellant - There is not an iota of acceptable evidence on record..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 304A-- Nature of offence - Accused inflicted Ballam blow near right armpit of deceased - Deceased died after seventeenth day of incident on account of septicemic shock due to ante mortem injuries to chest & abdominal visceras with secondary infections - Injury was not primary cause of death - Motive not..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A-- Quashing of FIR - Rash & negligent driving - Compromise - Deceased was aged about seventy years and suddenly came in front of car of petitioner and there was no rashness or negligence on his part - Respondent Nos.2 & 3 are the only surviving legal heirs of deceased and confirm the factum of their..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Expression "rash or negligent act" as occurring in S.304-A IPC has to be read as qualified by the word "grossly" - In the instant case negligence on the part of appellant not "gross', hence acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 302, 304A-- Murder - Culpable homicide not amounting to murder - No evidence of motive or previous enmity - No pre-meditation on part of appellant - It was case of sudden fight and there was only one hit - No evidence at all as to whether appellant intended to hit on head only or elsewhere on body - Held,..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, Goa Children's Act, 2003, Section 8, 34-- Return of charge-sheet for presentation before Children's Court - Validity - Charge-sheet shows that victim was serving in factory of which petitioner was Factory Manager - Accident occurred in which victim suffered injuries which led to her death - Charge-sheet does not show that act complained..........

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