PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A,279,109-- Rash and negligent driving - Driving of vehicle without valid driving licence - Prosecution of driver u/ss 304-A, 279 and prosecution of owner u/s 109 IPC - Owner of the offending vehicle cannot be prosecuted u/s 109 IPC when no overt act or specific part is attributed to him - FIR and subsequent..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279, 304A, 337, 337-..........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A,279-- Rash and negligent driving - To constitute offence punishable u/s 279 IPC, there must be rash and negligent driving or riding on public way and act must be so as to endanger human life or be likely to cause hurt or injury to any person - Whereas for offence u/s 304A, act of accused must be rash..........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A,279-- Rash and negligent driving - Deceased jumped after bus started or bus started while deceased was getting down - As per site plan, testimony of PW2 and DW1, incident did not happen at bus stop and took place after bus had travelled some distance - Prosecution failed to prove that petitioner was..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent act - Death - Ingredients of S.304-A - Held, three things which are required to be proved for an offence u/s 304-A are : Death of human being - Accused caused death - Death was caused by doing of a rash or negligent act though it did not amount to culpable homicide of either..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Sentence cannot be reduced on ground of protracted trial - Merely because fine amount is enhanced sentence cannot be reduced drastically...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- To bring a case of homicide under S.304A IPC, the following conditions must exist, namely : (1) There must be death of the person in question; (2) the accused must have caused such death; and (3) that such act of the accused was rash or negligent and that it did not amount to culpable homicide...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4-- Death in road accident by rash and negligent driving - Benevolent provision of S.4 of the Probation of Offenders Act is not applicable...........
DELHI HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 313-- Examination of accused - Petitioner has been examined in his statement recorded u/s 313 CrPC - In one sentence it is recorded that all incriminating evidence has been put to accused and thereafter his denial has been recorded - From perusal of statement of accused it is not evident whether entire..........
PATNA HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Summoning of doctor - Before summoning a doctor Court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed - Court should summon a doctor thereafter only when there is..........