PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4-- Probation - Conviction u/s 304-A IPC - Probation not to be granted as a general rule to a convict u/s 304(Part I)PC - However, probation granted, in the instant case by taking into consideration the period of agony of protracted trial and appeals, age, antecedents of the accused, his three..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Identification of accused - Identification parade not held - No evidence that driver was known to witnesses - Identification of driver by witnesses for first time in Court is of no value - No evidence as to who was driving vehicle - Failure of prosecution to establish..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Death of school children by drowning - Negligence - Accused teacher checked water level/depth and after fixing point asked children not to proceed beyond that point - Another teacher did not state single word about negligence on part of accused - Nothing stated by witnesses about..........
DELHI HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Death - Rash and negligent act - Vehicle was being driven rashly and negligently and at a high speed so as to outrun chasing PCR van - Tempo was asked to stop but in view of the goods, which were loaded in vehicle, driver of tempo did not stop and went on to hit PCR van - Co-passenger was aware of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - No proof that accused was driving offending vehicle - Sole eye witness not supporting case of prosecution - No one saw accused driving offending vehicle - Local residents who took deceased to hospital after accident not associated - Vehicle intercepted at 2.30 pm. and..........
DELHI HIGH COURT
Year of decision: 2013
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Negligence - Proof of - Acquittal of accused in criminal case - Effect on claim petition - Respondents/claimants have produced copy of FIR which is registered u/s.279/304A IPC - Significantly, FIR has been registered on 01.03.2000, i.e., on the date of accident and same has been..........
KERALA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A-- Death due to electrocution - Snapping of electric live wire due to constant rubbing with a tree which was standing in between the lines - Plea of Act of God rejected...........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 401-- Death by negligence - Reduction of sentence - Applicant has already remained in jail for twenty days - Incident had taken place about 12 years back - No criminal antecedent is there against him - He is about 40 years of age - Fine amount imposed by Courts below has already been deposited - Held,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4-- Rash and negligent driving - Death - Benefit of probation under the Probation of Offenders Act - Not to be granted to the accused convicted for offence u/s 304-A IPC...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279, 337, 338, 304A-- Rash and negligent driving - Reduction in sentence - Accused lost his control over the truck as it was driven in rash and negligent manner leading to death of five persons - Accused of young age and only earning hand in the family comprising his young wife, old and ailing parents - Maximum..........