Indian Penal Code, 1860, Section 207, 304A, 427 -- Death due to negligence - Quantum of sentence - Accused is not a previous convict not involved in any other case - Occurrence relates to 5 years back - Sentence of petitioner reduced to 1 year for the offence U/S 304A but sentence of fine and Imprisonment U/S 279 and 427 stand affirmed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
Indian Penal Code, 1860, Section 304A, 297, 302, Criminal Procedure Code, 1973, Section 173 -- Accidental death due to negligence or planned murder - As per DIG report the incident of road accident was projected as murder - It is mandatory duty of State to act in accordance with directions given in DIG report - Constitution of SIT to nullify enquiry report of DIG,..........
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 Rs.2500/- - However, High..........
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 Rs.1 Lakh - Amount of fine so..........
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 prosecution - No..........
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, he cannot be accepted to have..........
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 - Evidence on record proved that incident..........
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...........
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...........
